Free, Prior, Informed Consent and Power Imbalances: Upholding Indigenous Rights on the Anniversary of Undrip

Authors

Cardozo Law Institute in Holocaust and Human Rights (CLIHHR)
Fernanda Frizzo Bragato, University of Rio Grande do Sul

Files

Event Date

9-17-2025

Location

Third Floor Lounge

Description

Guest Speaker: Fernanda Frizzo Bragato - Professor of Law at the Federal University of Rio Grande do Sul (UFRGS) and a CNPq-funded researcher.

On the anniversary of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), this discussion addresses its crucial role in reshaping Indigenous rights across the Americas. Adopted in 2007, UNDRIP marked a historic shift by affirming Indigenous peoples’ right to self-determination, autonomy, and free, prior, and informed consent (FPIC) — challenging centuries of assimilationist policies. Yet, 17 years later, gaps persist. While UNDRIP inspired regional frameworks like the 2016 OAS Declaration, its promises often clash with extractive industries, state interests, and colonial power structures. Drawing on cases like Sarayaku v. Ecuador, and on a current mining project in Mura Lands in the Brazilian Amazon, Prof. Bragato will analyze:

• How UNDRIP redefined self-determination (without secession) and collective rights?
• The fight for binding consent in development projects?
• Why consultation processes remain fraught with coercion and broken trust

Disciplines

Human Rights Law | International Humanitarian Law | International Law | Law | Legal Education

Recommended Citation

Cardozo Law Institute in Holocaust and Human Rights (CLIHHR) and Bragato, Fernanda Frizzo, "Free, Prior, Informed Consent and Power Imbalances: Upholding Indigenous Rights on the Anniversary of Undrip" (2025). Event Invitations 2025. 35.
https://larc.cardozo.yu.edu/event-invitations-2025/35