A/72/186 pluralism, implementation of indigenous jurisdiction is still contested. Much more needs to be done in terms of both recognition and harmonization with the national justice systems. An intercultural dialogue and understanding between State and indigenous justice authorities is vital, taking into account indigenous good practices. C. Consultation and free, prior and informed consent 62. Consultation and free, prior and informed consent are essential safeguards that help to realize the substantive human rights of indigenous peoples. Thus, adequate implementation of the State duty to consult and obtain consent must ensure realization of those fundamental rights. There are different ways in which consultation and consent can be operationalized and this is not just limited to the adoption of specific legislation. In cases when States decide to develop laws to implement this duty, an adequate process has to be established so that indigenous peoples fully participate in the drafting and adoption of such measures. The rights to consultation and consent should not be regarded as stand -alone rights, as these are closely linked to other rights such as the right to self-determination, the right to lands, territories and resources and the right to development. 63. Over the past decade, the mandate holder has received many complaints and requests for technical support regarding the implementation of the State duty to consult and obtain the free, prior and informed consent of indigenous p eoples before the adoption of legal, administrative and policy measures that affect them. Commonly, the complaints received are related to the lack of effective implementation of the rights to consultation and consent in the context of plans for natural resource development and investment projects affecting indigenous peoples’ lands and resources. 64. In response, the mandate holder has provided detailed comments and recommendations to help to clarify and implement these standards in general and specific cases, including on “consultation on consultation” processes to decide on the measures that could be best suited to ensuring respect for fundamental rights in accordance with international human rights standards, particularly the Declaration. Advice has been provided through participation in meetings and seminars, communications, visits and reports, including on legal standards applicable to projects and activities that affect indigenous peoples’ lands, territories and resources. 68 X. Implementation at the United Nations level 65. As the Declaration points out, the United Nations system has an important and continuing role to play in promoting and protecting the rights of indigenous peoples. 69 66. United Nations human rights treaty bodies have referred to the Declaration as an authoritative source on State obligations regarding indigenous peoples’ rights in their assessments of compliance under the various treaties. Observations and recommendations by the human rights treaty bodies provide valuable insight on the implementation of the Declaration in specific contexts and situations. __________________ 68 69 17-12399 See A/HRC/9/9/Add.1 ; A/HRC/12/34 ; A/HRC/12/34/Add.6 ; A/HRC/15/37 ; A/HRC/15/37/Add.8 ; A/HRC/18/35/Add.3 ; A/HRC/18/35/Add.8 ; A/HRC/21/47 ; A/HRC/27/52/Add.2; A/HRC/33/42/Add.2 ; and A/HRC/36/46/Add.1. See also http://unsr.vtaulicorpuz.org/site/index.php/en/statements/166 -consultation-and-consent; and http://unsr.vtaulicorpuz.org/site/index.php/en/documents/special/172 -comentarios-consultahonduras. United Nations Declaration on the Rights of Indigenous Peoples, twentieth preambular paragraph and articles 41 and 42. 17/23

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