Pitfalls of the green transition: Towards a genuine understanding of the right to free, prior and informed consent of the Indigenous peoples

Abstract

This article examines the changes required to make the green transition more inclusive and sustainable from an international human rights perspective. Indigenous peoples have been challenging the ways in which this transition is taking place, using the phrase “green colonialism.” Although, in many countries, it has become common to consult affected Indigenous peoples to reach an agreement before licensing the establishment of green energy facilities, previous studies that dealt with the Sámi's struggle against the green transition have revealed that asymmetric power relationship between Indigenous peoples, sovereign states and business enterprises contributed to disguised dialogues and/or agreements among them. Therefore, this article concludes that a genuine shift from the obligation to consult Indigenous peoples to their right to free, prior, and informed consent (FPIC) is crucial when establishing green energy facilities that might affect them. In doing so, this article emphasizes that the meaning of the right to FPIC for Indigenous peoples should be understood correctly from an international human rights perspective. In particular, it argues that their right to FPIC should be ensured not only before the project affecting Indigenous peoples is licensed, but also at all stages of implementing the project with participatory monitoring.