The reluctance of both the extractive industry and host governments to adopt the principle of free, prior informed consent
stems from wariness over the grant of unilateral veto power to communities.
These rights of participation are related to Prior Informed Consent
(PIC), and will be discussed in the next section.
The IRR states that in the event prior informed consent
is secured in accordance with the preceding paragraph, the concerned parties shall agree on a royalty payment for the concerned ICC, which may not be less than one percent of the gross output, said Velasco.
Existing intellectual property law can even have adverse effects, as it assesses traditional knowledge solely from a mercantile point of view," argue MEPs, who suggest that the grant of a patent be made conditional on the requirements to disclose the origin of genetic resources and traditional know-how used in inventions, provide evidence of prior informed consent
from authorities in the country of origin and provide evidence of fair and equitable benefit-sharing.
Both the Certificate of Precondition and Free and Prior Informed Consent
are essential prerequisites to mining operations in the Philippines.
Kadatar cited the failure of CNC and its partners to present a free and prior informed consent
(FPIC) of the affected cultural community as required by law for prospective miners on ancestral lands.
The Rotterdam Convention on the Prior Informed Consent
Procedure for certain hazardous Chemicals and Pesticides in international trade provides Parties with a first line of defence against hazardous chemicals.
As reported by Canada News Wire on September 19, 2004, a decision was reached in Geneva, Switzerland not to include chrysotile fibre to the Prior Informed Consent
Procedure of the Rotterdam Convention for Certain Hazardous Chemicals and Pesticides in International Trade.
Each Party must ensure that access to its genetic resources is subject to prior informed consent
in a clear and transparent manner and pursuant to fair and non-arbitrary rules.
PMDC) - began mining operations "without the free and prior informed consent
(FPIC) of the affected cultural community and indigenous peoples as required by law.
The protocol requires the developing countries to adopt or improve national legislation on access to and sharing of benefits before making it mandatory for user countries to comply with prior informed consent
The 1998 Rotterdam Convention established the principle of prior informed consent
, under which countries have the right to full disclosure of hazardous ingredients in pesticide donations or purchases.