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‘The Rio Declaration on Environment and Development’

This meaning of the PIC requirement would be more appropriately discussed in the context of ‘balance’, as it seeks to preserve the interests of certain groups. It is recalled here to avoid treating the PIC requirement in two separate sections. The Convention No. 169 of the International Labour Organisation on Indigenous and Tribal Peoples provides for an obligation to consult with and seek the prior informed consent of indigenous peoples as a condition for their exceptional ‘displacement’ or ‘relocation’ by the government of a State.91 Similarly, Resolution 61/295 of the UN General Assembly, entitled ‘United Nations Declaration on the Rights of Indigenous Peoples’, provides in its Article 10 that ‘[i]ndigenous peoples shall not be forcibly removed from their lands’ and that ‘[n]o relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned’. 92 A variation of this first meaning appears in the biodiversity regime. Article 8(j) of the CBD requires the ‘approval and involvement’ of indigenous peoples as a condition for the utilisation of their traditional knowledge.93 This requirement has been further specified in the Protocol on Access and Benefit Sharing adopted at Nagoya, in October 2010.94 Second, the PIC requirement also refers to the obligation assumed by a State not to export certain wastes, substances or products to another State unless the latter has given its prior informed consent.95 The objective of this requirement is to ensure that such wastes, substances or products are sent only to States who are willing to accept them and have the technical capacity to manage them. In general, there are two ways to implement the requirement of prior informed consent, namely (i) a general PIC procedure (by substance) and (ii) a specific PIC procedure (by shipment). The first approach can be illustrated by reference to the 1998 Rotterdam Convention on the Prior Informed Consent Procedure, also known as the ‘PIC Convention’. 96 In force since 2006, the Convention has established a system of product identification97 and information exchange.98 For each product subject to the PIC procedure (listed in Annex III), a ‘decision