A/HRC/27/52/Add.3 VI. Participation, dialogue and prior consultation 31. There is no doubt that, thanks to the efforts made to overcome the unrest in recent years, considerable progress has been achieved towards creating venues for dialogue and consultation with indigenous peoples. One such step was the establishment in 2013 of the National Dialogue and Sustainability Bureau of the Office of the Council of Ministers. The Bureau works in areas of real or potential unrest in order, amongst others, to set up multisectoral discussions forums, to increase the presence of the State and to help improve relations between companies and communities.16 Many disputes have been dealt with by the Bureau, the great majority of them having to do with the extractive industry and the exploitation of natural resources. The Government reports that by March of the current year the Bureau had resolved 86 cases of social disputes. 32. Another recent advance has been the development of a legal framework for consulting indigenous peoples: Act No. 29785, On the Right of Indigenous or Aboriginal Peoples to Prior Consultation, recognized in the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), of September 2011 (the Prior Consultation Act); and the regulations implementing the Act.17 It may be noted that some representatives of indigenous communities and non-governmental organizations (NGOs) have expressed concern about some provisions of the Prior Consultation Act, and the implementing regulations in particular. A. Development of consultation processes within the new legal framework 33. The Prior Consultation Act focuses on the procedural aspects of consultations with indigenous peoples. It contains positive components that reflect current international standards, including those according to which consultations must take place before the event,18 in good faith,19 in the language of the indigenous peoples affected,20 offering timely information,21 over a reasonable time frame22 and through a process of intercultural dialogue.23 The Act states that the aim of consultation is to reach an agreement with indigenous peoples,24 but without specifically requiring consent as an absolute precondition in cases of significant impact, which has been a matter of concern pointed out by some NGOs. Failing an agreement or consent, it is, according to the Act, “the responsibility of State agencies to take all necessary measures to guarantee the collective rights of indigenous peoples”.25 The Government has stressed that, in any case, whatever measure is taken must not leave the rights of indigenous peoples unprotected or place their survival at risk. 16 17 18 19 20 21 22 23 24 25 GE.14-07246 Office of the President of the Council of Ministers. “Institucionalizando el diálogo a un año de gestión: Experiencias y aportes de la ONDS-PCM 2012–2013” (Institutionalizing dialogue following one year of management: experiences and contributions of the National Dialogue and Sustainability Bureau of the Office of the President of the Council of Ministers, 2012–2013), p. 26. Supreme Decree No. 001-2012-MC (“Implementing regulations”). Act No. 29785, art. 2. Ibid., art. 4 (c). Ibid., art. 16. Ibid., art. 4 (g). Ibid., art. 4 (e). Ibid. art. 14. Ibid., art. 3. Ibid., art. 15. 9