A/HRC/27/52/Add.3 they have suffered on account of the extractive industries, and to ensure recognition for their rights over their traditional lands and natural resources; • State institutions must: apply the Prior Consultation Act, No. 29785, and its implementing regulations, in a manner that is compatible with the international standards established in ILO Convention 169, the United Nations Declaration on the Rights of Indigenous Peoples and other relevant sources of international law or authority; fully adhere to the principle of free, prior and informed consent; and ensure that the agreements arrived at through consultation are fair and such as to promote the enjoyment by indigenous peoples of their fundamental rights. The agreements should include, amongst others, provisions concerning safeguard and mitigation, compensation, profit-sharing and dispute settlement mechanisms; • With regard to participation in the profits derived from the extractive industries operating in indigenous territories, new arrangements must be devised to ensure that indigenous peoples receive a direct participation in the distribution of fees or royalties, or in the earnings derived from the extractive operations; • In cooperation with the organizations that represent the country’s indigenous peoples, the Government must make progress with the strengthening of the national institutional framework for the promotion and protection of the rights of indigenous peoples. In the short term, the Government should guarantee the necessary funding, staffing and organizational stability to enable the Office of the Deputy Minister of Intercultural Affairs to fulfil its mandate in relation to the indigenous peoples; • Official policy must be in principle opposed to extractive activity in territories inhabited by indigenous peoples in a situation of isolation or initial contact, and must ensure that extractive activity is permitted in such territories only in exceptional cases, where there is clear evidence of a justification founded on strong public interest, and only in conditions in which the rights and well-being of these peoples are safeguarded. For such exceptional cases, the Government must strengthen the application of its protection system through the development of suitable plans, data bases and monitoring mechanisms. While the Government should adhere to the principle of no contact in relation to groups in isolation that reject contact, it should develop special protocols for the consultation of indigenous groups seeking initial contact who might be affected by the extractive industries, in order to ensure that these groups enjoy their rights of participation and self-determination in relation to the territories they inhabit; and such special consultation protocols should be adjusted to the particular circumstances of each group; • Indigenous peoples should be able to oppose or withhold consent to extractive projects free from reprisals or acts of violence, or from undue pressures to accept or enter into consultations about extractive projects. Additionally, criminal prosecution of indigenous individuals for acts of protest should not be employed as a method of suppressing indigenous expression and should proceed only in cases of clear evidence of genuine criminal acts. Instead, the focus should be on providing indigenous peoples with the means of having their concerns heard and addressed by relevant State authorities related to criminal trials, detentions and acts of violence by the security forces against indigenous persons; GE.14-07246 19