ABSTRACT

This chapter explores in depth the concept of free, prior and informed consent (FPIC) and its applicability in Greenland. FPIC was promised in respect of extractive industries for indigenous peoples in the United Nation (UN) Declaration on the Rights of Indigenous Peoples in 2007. After explaining the legal and theoretical bases for FPIC, the chapter interrogates the “indigeneity” of Greenlanders based on legal history, the current constitutional framework and the potentially distinct status of the minorities in North and East Greenland. The chapter draws on the work of the UN expert committees that monitor selected international human rights treaties to analyse the legal status and content of FPIC. It demonstrates increasing recognition of the principle as a legally binding duty on States that permit extractive industries on indigenous territories before engaging in an extended discussion of the potential to implement FPIC in Greenland.