Free Prior and Informed Consent (FPIC): A right for Indigenous people

ASC is implementing a project to include the principles of Free Prior and Informed Consent (FPIC) into the ASC Farm Standard in the future.

FPIC is a key principle of human rights law that protects the rights of Indigenous Peoples. Two significant international instruments in this context are the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) (2007) and the International Labour Organisation (ILO) Indigenous and Tribal Peoples’ Convention (ILO C169) (1989).

Initial scoping research by ASC on FPIC, carried out in the first half of 2023, highlighted the complexity and sensitivity of this issue, and the degree of polarisation on the topic among key stakeholders in the aquaculture sector. It has also emphasised the challenges for implementation associated with the inclusion of FPIC in the ASC Farm Standard.

This has underlined the need for a careful decision-making process on this topic that considers diverse viewpoints and includes a well-designed pilot to test the implementation of new indicators for the ASC Farm Standard.

The project therefore includes an additional and upfront phase of stakeholder dialogue to hear from Indigenous leaders and other Indigenous representatives, as well as from non-Indigenous community members and aquaculture companies about their views on what a desirable and feasible FPIC process would look like for aquaculture.

The main objective of the project is to propose a revision of the ASC Farm Standard v1 to include the principles of FPIC. As part of this revision, the project aims to:

1. Decide on the target group for FPIC (Indigenous Peoples only, or also local communities in general).
2. Decide on the approach to FPIC in situations where farm sites have been in place (and where therefore prior consent is no longer possible).
3. Decide on the steps and methodology this process would use.
4. Formulate a robust set of indicators that represent the principles of FPIC.
5. Develop guidance and other materials for successful implementation of FPIC by Units of Certification (UoCs), Conformity Assessment Bodies (CABs), and communities.

FPIC Project Progress

As a first step to explore how FPIC can be included in the ASC Farm Standard, we have started work in Chile. We chose this country because of its diverse Indigenous population, ratification of the main international instruments on Indigenous rights, important natural resources, and many ASC certified salmon farms.

We are working with two partners that have been key to our progress so far, the Consensus Building Institute and Ngülamtun SpA. Their involvement is crucial to learn about, understand and incorporate Indigenous perspectives, mediating between different stakeholders, co-designing the project, and together reflecting on outcomes and ways forward.

The following have been key milestones in the project so far:

Phase 1: Exploration

• September 2023: Public consultation on the project Terms of Reference.
• March 2024: Start of interviews with Indigenous leaders and salmon companies in Chile.
• November 2024: Two workshops held in Chile, one with Indigenous leaders, and one with salmon companies.

Learnings from the first phase have been described in this blog.

Phase 2: Working towards an FPIC pilot

• August 2025: Two workshops held online, one with Indigenous leaders and one with salmon companies, introducing the new requirements in the ASC Farm Standard and inviting participants for a pilot.
• October 2025: Start of an externally funded project that aims to implement a pilot of joint impact identification with a salmon company and Indigenous communities in Chile.

More information on the direction of this work was described in this blog.

Phase 3: Start of the FPIC Technical Working Group

• March 2026: Kick-off of the Technical Working Group consisting of members with Indigenous, certification, assurance, producer and supply chain backgrounds. This working group will support the development of concrete requirements for the standard and associated resources.

More information on the FPIC project can be found in the Terms of Reference (ToR). The ToR were amended after public consultation in October 2023.

Contact person: Froukje Kruijssen