In the context of business and human rights, the principle of free, prior, and informed consent (FPIC) aims to establish a standard where affected communities participate in the decision-making processes around the use of their land or other potential activities by the state and multinational companies that may affect them. The principle requires meaningful engagement with communities on potential projects, establishes their right to consent to a particular development, and the space to put forth alternatives. The draft treaty on Business and Human Rights, in a bid to prevent human rights violations and as part of the required due diligence measures, mandates business enterprises to ensure that consultations with Indigenous peoples are undertaken per the internationally agreed standards of FPIC. Although FPIC has been recognised internationally, it has had a limited effect in Africa. Interestingly, the use of ‘consultations’ does not reflect the phrasing found in most sources of international law. While this may seem like a minor difference on the page, this has major consequences on the ground. This change removes the communities’ right to decide on their development trajectory and favours transnational corporations’ interests. A consultation does not imply consent. While requiring transnational corporations to consult with affected communities is a step forward, it does not go far enough toward ensuring that communities have the final say in their development path. Many legal frameworks throughout Africa make provisions only for affected peoples to be consulted and not for them to give their consent explicitly. What is needed is the right to say ‘no’—particularly the right to refuse extractive projects for the defence of the commons. The right ultimately argues for alternative models of development that ensure communities and the environment can survive and thrive.