A/HRC/51/50 10. States should ensure that indigenous peoples have the resources and capacity to effectively engage in a negotiation process and should allocate sufficient resources to allow them to fully participate, prepare themselves and contract experts, if they so wish, without using such assistance as leverage to control their positions. 11. Negotiation and consent-based processes must comply with the principle of free, prior and informed consent, as articulated in the Declaration and progressively interpreted by regional and international human rights systems. 12. If required by indigenous peoples, States should accept the role of third-party mediators at the negotiation table. These parties should be independent and their involvement, composition and mandate should be defined and agreed to by indigenous peoples. States should ensure that mediating parties have the means to undertake their task and have sufficient expertise and knowledge of indigenous peoples’ rights and context, as well as international human rights law. 13. When treaties, agreements and other constructive arrangements between States and indigenous peoples have been concluded in a colonial context, successor States should take over these obligations, as stated in article 37 of the Declaration. They should honour, implement and enforce them and avoid taking unilateral initiatives, such as extinguishment, aimed at undermining the enjoyment of the rights agreed upon in those instruments. 14. States should assume and implement treaties, agreements and other constructive arrangements in accordance with their spirit and intent, as understood by indigenous peoples concerned and with the flexibility required of a living agreement that has a long history and continues to apply in changing contexts. Agreements should always be interpretated in the manner most favourable to indigenous peoples and consistent with the rights enshrined in the Declaration. 15. States should establish monitoring and implementation mechanisms, in partnership with indigenous peoples, to guarantee the effective execution of agreements and should ensure the independence, economic sustainability and technical capacity of such mechanisms, as well as mandates with sufficient capacity. To achieve that goal, adequate funding must be ensured, without undermining the independence of the institutions involved, and with employment of well-trained and well-qualified officials working with a human rights-based and indigenous peoples’ rights-based approach. Indigenous peoples who are parties to the agreement must be represented in these institutions in equal measure and at all levels. 16. States should ensure that there is institutional capacity and political will within the organs of the State to understand the meaning of treaties, agreement and other constructive arrangements with indigenous peoples and to enforce them in their respective areas. This should include seeking constructive solutions if conflicting protocols jeopardize the implementation of an agreement. 17. States should establish appropriate arbitrator mechanisms, in partnership with indigenous peoples, to address claims about violations of agreements, resolve disputes and redress and remedy grievances. These mechanisms should be independent and impartial and their decisions should be binding and enforceable. Indigenous approaches to dispute resolution and indigenous laws should be included in the methods of conflict resolution. Conflict resolution mechanisms must be guided by international human rights law, including the rights of indigenous peoples. 18. States should provide adequate and continuous capacity-building training in human rights law, the rights of indigenous peoples, treaty-making processes and indigenous cultures, traditions and perspectives to those mechanisms and institutions designed to establish, monitor and implement agreements as well as to those in charge of resolving related disputes. 19. States should promote, in all facets of society, understanding of: the historical processes related to indigenous peoples, colonization and their repercussions; the historical and persistent discrimination faced by indigenous peoples; and the meaning and importance of agreements and the rights of indigenous peoples. Initiatives aimed at achieving those objectives may include the integration or reinforcement of those subjects in school programmes and social campaigns. 20