A/HCR//18/42 D. Free, prior and informed consent 63. Although a relatively new concept internationally, free, prior and informed consent is one of the most important principles, as a right, that indigenous peoples believe can further protect their right to participation. Effective implementation can be in the form of specific laws and policies. Examples, as mentioned above, include that of the Democratic Republic of the Congo, which has enacted legislation providing for consultation with a view to obtaining the free, prior and informed consent of indigenous peoples. 64. In 2005, Novatek, the second-largest natural gas company in the Russian Federation working in the autonomous district of Yamal-Nenetz, designed a socio-economic programme for and with the Nenetz peoples affected by its activities, drawing on meetings with community members and leaders. In November 2008, an agreement was signed with the local Nenetz organization, defining the terms of cooperation between the company and indigenous peoples. The company provided support for infrastructure and allowed indigenous peoples to maintain their traditional livelihoods and economy while benefiting from job opportunities in oil and gas developments.49 65. In the Plurinational State of Bolivia, in 2010, the Ministry of Hydrocarbons and Energy undertook a consultation process on a proposed hydrocarbon exploration project in the indigenous territory of Charagua Norte and Isoso. It resulted in an agreement between the Government and the Guaraní Peoples Assembly of Charagua Norte and Isoso documenting community consent prior to the initiation of exploration activities. The Ministry of Hydrocarbons and Energy has been commended for respecting traditional Guarani institutions and systems.50 66. In Malaysia, notwithstanding issues relating to implementation, domestic laws such as the Sabah Forest Enactment and Sabah Parks Enactment have provisions to ensure indigenous peoples are consulted before forest reserves and protected areas are established. These provisions can form the basis on which indigenous peoples can require the Government to obtain their consent before any development project is implemented.51 67. In Australia, in accordance with the Aboriginal Land Rights (Northern Territory) Act of 1976, Aboriginal land councils must, under its section 23AA, “give priority to the 49 50 51 A/HRC/EMRIP/2009/5. See Oxfam, “Case study: Bolivian Government Consultation with the Guaraní Indigenous Peoples of Charagua Norte and Isoso: proposed hydrocarbons exploration project in San Isidro Block Santa Cruz, Bolivia”, 15 November 2010, available from www.oxfamamerica.org/publications/boliviangovernment-consultation-with-guarani-indigenous-peoples. Submission by the Asia Indigenous Peoples’ Pact to the Expert Mechanism (see footnote 19 above) . 17