A/HRC/39/62 60. There are concerns, however, about some of the legislation and practices on free, prior and informed consent emerging around the world. These include that some consultation laws have been elaborated, quite ironically and problematically, without consultation with indigenous peoples. Additional concerns include a narrow focus on obligations under Indigenous and Tribal Peoples Convention, 1989 (No. 169) and not on the United Nations Declaration or regional or international human rights obligations; a focus on the procedural steps of a consultation process, without ensuring the genuine participation and protection of the rights of affected indigenous peoples; and a failure to address the structural concerns that violate the rights of indigenous peoples. Often, the right to consultation has not been translated into a law guaranteeing its enforcement, and the requirements of what constitutes consent are not clarified. 61. Indigenous peoples also raise concerns about “consultation fatigue”; “manufactured” consent; limits put on consultation; a lack of a common understanding of international standards relating to free, prior and informed consent; an increase in encroachments of extractive industries; and a lack of structural change to ensure free, prior and informed consent at the institutional level. These problems not only harm indigenous peoples, whose rights are often disregarded in development plans, but also lead to work-stoppages, protests, litigation and other problems with negative financial and political implications for States and industry alike. 69 For all of these reasons, the need for effective mechanisms for the operationalization of free, prior and informed consent are becoming urgent. The absence of rights-based regulatory mechanisms defining how to carry out a consultation encourages contradictory interpretations of which measures and projects need to be preceded by consultation processes and which require consent. 62. National human rights institutions play an important role in contributing towards the implementation of free, prior and informed consent. As bodies acting independently from the Government, some with an expertise in the area of indigenous peoples, they can and do fulfil many roles in the consent context. For example, in Argentina, the national human rights institution intervened in a project by ArSat Co. Telecommunications, where it had several roles, including as general coordinator of the whole process, facilitator and guarantor controlling compliance with the legal framework. Its engagement included an open consultation process that overcame three years of roadblocks. In the Bolivarian Republic of Venezuela, the national human rights institution promotes the application of prior consultation mechanisms, ensures that the right to consultation is incorporated in legislation and carries out activities promoting the right to prior consultation. 69 In North America, failed consultations regarding development using the traditional lands and resources of indigenous peoples have led to years of costly litigation, protests and delay, even if the projects are ultimately approved. See, e.g., Standing Rock Sioux Tribe v. United States Army Corps of Engineers, 255 F.Supp.3d 101 (D.D.C. 2017); and Ktunaxa Nation v. British Columbia, 2 S.C.R. 386 (2017). In the extractive industries context, some sources indicate that work stoppages can cost upwards of $1 million per day. 17