Overview

It is 28 minutes long and is divided into four parts, in the first part it contextualizes the Right to Free, Prior and Informed Consultation and Consent in relation to the 1988 Brazilian Constitution and the Convention 169 of the International Labor Organization (ILO), the United Nations Declaration on the Rights of  Indigenous Peoples (UNDRIP) and the American Declaration on the Rights of Indigenous Peoples, from the Organization of American States (OAS), and its relation to the right of self-determination, or the right decide what you want for your land and people.

In the second part, it explains what the Autonomous Consultation and Consent Protocols are, which serve to determine how the consultation process with each people or community will be carried out and why they arose, due to the government’s disrespect to the right of consultation or its culturally inappropriate implementation. The Wajãmpi were the first Brazilian people to create a Protocol, and Jatuta Wajãmpi tells us a little about the experience.

Then, the video shows what should be considered in the elaboration of the protocols. In the words of Leonardo Rikbaktsa, Maria Leusa Kabá and Vanuza Cardoso, the preparation of the documents of the consultation protocols must respect the culture and decision-making of each people, including the language and time it takes for each community to make their decisions, and include all members.

At the end, it highlights the important role of unity and persistence of indigenous peoples, quilombolas, riverside communities, and other traditional communities and how this instrument can be a tool to defend their territories and rights, to build towards a better future.

WHAT ARE CONSULTATION AND CONSENT PROTOCOLS?

The Consultation and Consent Protocols are documents prepared by each indigenous people or traditional community which establishes the form and process in which they want to be consulted, in a way that respects their cultures, traditions, and social organization.

Free, Prior and Informed Consultation (FPIC) is a process based on the self-determination of peoples, which must be done in good faith, initiated by the Government, according to the procedure indicated by peoples and communities. At the end of this process, people and communities can issue their consent, propose an agreement or even say NO to the object of the consultation.

Accompanying Materials and Resources