Integrating Consent and Consultation into Investment Contract Negotiations

Investor-state land contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This can result in a failure to meet requirements for meaningful consultation, and, where applicable, free, prior, and informed consent (FPIC), and is particularly concerning when contracts grant the investor rights to lands or resources over which the community has legitimate claims. CCSI is exploring how FPIC and consultation 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.

In March 2017, CCSI presented a working paper on this topic at the World Bank Land & Poverty Conference. CCSI is undertaking further research to finalize this paper. The final version will be published on our website.