Mechanisms for Consultation and Free, Prior and Informed Consent in the Negotiation of Investment Contracts

In March 2017, CCSI presented a working paper titled “Mechanisms for Consultation and Free, Prior and Informed Consent in the Negotiation of Investment Contracts” at the World Bank Land & Poverty Conference. The paper explores how consultation and FPIC processes can be integrated into investor-state contract negotiations, taking into account the practicalities of contract negotiations, to better safeguard the land rights and human rights of members of project-affected communities. Based on a review of relevant international law standards and guidance documents, as well as a close analysis of typical investor-state negotiations and of consultation and consent processes in other contexts, the paper provides various options that may be appropriate, depending on the local context and the community’s resources and decision-making structures.

CCSI is undertaking further research to finalize this paper. The final version will be published on our website.