A/HRC/45/34 and cultural survival of the indigenous peoples concerned. If these requirements are not met, it ought to be concluded that the measure or activity should not proceed without indigenous consent.79 63. In cases where indigenous peoples have consented to a measure, or where a measure or project is considered to not bring significant impacts, States must still ensure at all times the protection of the substantive rights of indigenous peoples, in accordance with their international obligations. Consent must be given freely and any agreements arising from this consent must be subject to periodic oversight, evaluation and monitoring processes. 80 (iv) On the adoption of legislation 64. The Special Rapporteur has observed problems in the development of proposed legislation on consultation, and problems in the application of already existing legislation and the execution of consultation processes in general. Many of the problems are associated with the aforementioned issues related to understandings of the scope, purpose and timing as regards undertaking consultations. In many cases, the problem lies in the fact that consultation laws and procedures themselves were not developed with the participation of indigenous peoples. 65. In many countries, the dissatisfaction felt by indigenous peoples with the way that governments have sought to legislate for and/or implement consultation has led them to develop their own autonomous consultation protocols or their own community selfconsultation processes. Indigenous peoples consider these initiatives to be expressions of their self-determination that should be respected by actors seeking to carry out activities that could affect them. The Special Rapporteur considers that indigenous consultation protocols and other consultation procedures need to be considered as alternatives to the general pattern of consultation laws so far promoted in the Latin American region. (v) Stigmatization and criminalization 66. Another problematic aspect of the way in which indigenous consultation has been implemented is that in many States, indigenous peoples are perceived as mere interest groups whose goals are contrary to a purportedly superior national interest. The Special Rapporteur has repeatedly expressed her concern over situations of violence, stigmatization and criminalization that indigenous peoples have faced when expressing their opposition to development projects promoted by States or private businesses. 81 States should carry out education and awareness-raising activities for officials and the general public in order to promote understanding of the rights that indigenous peoples seek to vindicate. There is an urgent need for indigenous peoples’ interests in maintaining their lands, cultures, selfgovernment and economic subsistence systems to be recognized as being part of the national interest within any democratic and multicultural society. (vi) Cross-cutting issues related to indigenous consultation 67. There are other factors that would contribute to strengthening consultation as a safeguard for indigenous peoples’ rights. Cross-cutting actions are needed to improve the promotion and protection of the substantive rights of indigenous peoples to their lands, territories and natural resources, to self-determination, including determining their own development priorities, and to access to justice. The principles of consultation and cooperation established under the United Nations Declaration on the Rights of Indigenous Peoples should guide coordinated actions between indigenous peoples and States to promote necessary legislative, policy and institutional reforms in specific sectors such as natural resource development, energy, infrastructure, tourism, agriculture and other relevant areas. 68. Another important element is the existence of effective judicial, administrative and other mechanisms to ensure that indigenous peoples can enforce their rights, especially in the context of development projects and similar activities. Additionally, legislative, judicial 79 80 81 16 Ibid., para. 39. A/HRC/24/41, para. 30; and A/HRC/39/62, paras. 42–45. See A/HRC/39/17.