Chapter 8: Indigenous resource rights at their core (and what these are not)
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The chapter explores what political and civil rights indigenous peoples possess over natural resources historically used. It does so by first explaining what such rights are not, submitting that a right to free, prior and informed consent (FPIC) is yet to be substantiated, doubting that it can be. The chapter takes issue with the FPIC focus due to an experience that those not convinced by such arguments are prone to conclude that indigenous resource rights are merely of consultatory nature, something it strongly disagrees with. The chapter demonstrates how indigenous peoples hold a host of material rights to natural resources, including those of self-determination, property and culture. It posits that the right to self-determination bestows indigenous peoples with much greater control over resources than acknowledged, that the right to property often provides indigenous communities with rights to reject resource extraction and that the right to culture carries the same capacity.

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Edited by Dwight Newman