Upcoming PhilSoc:
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19/05/26
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Nick Willis
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Pre-submission
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26/05/26
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Maxim Bishev
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Confirmation
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02/06/26
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Jerome Luxon
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Confirmation
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09/06/26
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Thomas Graham
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Open to all
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Title: Free, Prior and Informed Consent and Indigenous Self-Determination: A Moral Interpretation with Application to Mineral Exploration
Abstract: Free, prior and informed consent (FPIC), articulated in the United Nations Declaration on the Rights of Indigenous People, is widely invoked as the appropriate standard for interactions with Indigenous communities, especially where commercial
projects affect Indigenous lands and resources. Yet FPIC is often under‑realised in practice and under‑specified in theory. What, exactly, does “consent” require? When is consent required, as it is under an FPIC standard, rather than consultation? And how
should the demands of “free”, “prior”, and “informed” vary across contexts and be understood in practice? This paper argues that these interpretive questions are best addressed by identifying FPIC’s fundamental moral basis. Our proposal is that FPIC is a necessary
element of respecting Indigenous self‑determination understood as internal self‑determination: the authority of a people to shape key dimensions of its collective life, together with protections for the material and cultural conditions under which that authority
can be meaningfully exercised over time. This grounding yields a principled account of FPIC’s scope and stringency. On the view we will defend, consent is required where proposed actions would (i) displace Indigenous authority over matters properly subject
to Indigenous control or (ii) threaten the conditions of a people’s continued collective agency and cultural continuity. Where those threats are absent FPIC does not apply, but other norms may still require robust consultation. We illustrate the framework
with mineral‑exploration cases.
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Jerome Luxon
PhD Candidate
School of Philosophy
Research School of Social Sciences
Australian National University