E/CN.4/2004/80/Add.3 page 22 66. Both in law and in practice, access by indigenous communities to the water and maritime resources on which they have traditionally depended for their survival should take precedence over private commercial and economic interests. Sustainable development 67. Indigenous people should be consulted in advance about any development project planned for their regions and territories, as provided for in ILO Convention No. 169, and their views and respect for their human rights should be taken into account by the authorities and the companies carrying out the work at every stage of such projects. Indigenous communities should be actively involved in all decisions on development projects planned for their regions and territories. 68. In indigenous areas, and particularly in the Mapuche region (Araucanía), indigenous municipalities should be established to allow indigenous people to be fully involved in decision-making and in the independent management of local affairs. Administration of justice 69. Under no circumstances should legitimate protest activities or social demands by indigenous organizations and communities be outlawed or penalized. 70. Charges for offences in other contexts (“terrorist threat”, “criminal association”) should not be applied to acts related to the social struggle for land and legitimate indigenous complaints. 71. The Special Rapporteur recommends that the case of the lonkos on trial, Pascual Pichún de Temulemu and Aniveto Norín de Didaico (from Region IX, Araucanía), should be reviewed, in strict accordance with the guarantees of due process established in international human rights standards. 72. The implementation of the reform of criminal procedure should take into account international human rights standards, including due process for all indigenous people accused of social defence or protest activities (particularly with regard to the use of “faceless” witnesses and the pre-trial detention of suspects). 73. In any judicial or administrative proceedings involving indigenous persons, the latter should be assisted by trained bilingual translators and, where necessary, a competent court-appointed defence lawyer with knowledge of indigenous cultures. 74. In any judicial or administrative proceedings involving indigenous persons, indigenous legal customs should be respected. 75. The Special Rapporteur recommends that the Chilean Government should consider declaring a general amnesty for indigenous human rights defenders on trial for social and/or political activities in the context of the defence of indigenous lands.