…It is noted that international law has now recognized that FPIC is a legal norm imposing clearing affirmative duties and obligations on States. The UN Declaration on the Rights of Indigenous Peoples (UNDRIP) includes seven provisions expressly recognizing the duty of States to secure FPIC from indigenous peoples in circumstances ranging from population relocations, the taking of cultural, intellectual, religious and spiritual property, any damages, occupation and uses of their lands, territories and resources, before “adopting and implementing legislative or administrative measures,” and prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. The UNDRIP elaborates on the application to indigenous peoples of human rights already affirmed extensively in treaties ratified by the majority of States. As such, to the extent that the duties and obligations as expressed in UNDRIP as already binding on States, they merely need to look to the Declaration to assist them in understanding how such rights might be protected for indigenous peoples as collectives, as well as their individual members. In addition, international courts and human rights bodies in Africa and the Americas have made it clear that regional human rights instruments recognize States’ duties and obligations to secure FPIC….