Abstract: The right of Indigenous peoples to provide or withhold consent in relation to development projects on or adjacent to their ancestral lands has been affirmed and articulated in international human rights instruments in recent decades, most recently iterated in the 2007 United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In response to the UNDRIP, a number of industries have developed consultation protocols that are not only inconsistent with FPIC characteristics by conflating the unique rights of Indigenous peoples as equivalent to other stakeholder interests. By so doing, these protocols may actually be the source of resistance to development projects. Simultaneously, management literature has sought to understand the right to FPIC from the lens of stakeholder management procedures and social license to operate. Drawing from literature in law, and expert opinion from the United Nations Expert Mechanism on the Rights of Indigenous Peoples, this paper seeks to explain why Indigenous peoples continue to oppose resource development projects, while also offering a human rights-based paradigm with which FPIC may be understood by reframing Indigenous peoples as rights-holders rather than conventional stakeholders.