A/HRC/39/62 protocols have been recognized by the State (for example, Brazil)58 and in others by the World Bank (Belize). In January 2018, a Federal Court in the state of Amazonas in Brazil demanded compliance with free, prior and informed consent for the Waimiri Atroari people regarding any law or development plan affecting them and regarding military activities on their lands.59 58. Many States have started to adopt legislation, practices and guidelines on consulting and obtaining consent. In the United States, several federal statutes require consultation, for example with respect to indigenous peoples’ sacred sites, cultural patrimony and human remains. In some instances, federal agencies have adopted the Declaration 60 or otherwise entered into consensual agreements with indigenous peoples regarding these matters. 61 In Latin America, States have either enacted or are discussing enacting laws on consultation with indigenous peoples. A general consultation mechanism aimed at obtaining free, prior and informed consent has recently been established by Costa Rica. 62 Assuming that the necessary measures are taken to ensure its implementation, it can hopefully be used as a good practice for other States. There are also laws, practices or guidelines in Argentina, Canada, Chile, Ecuador, Finland, Guatemala, Mexico, Peru, the Philippines, the United States and Venezuela (the Bolivarian Republic of), among others. Some States are in the process of developing protocols on free, prior and informed consent, including the Democratic Republic of the Congo, Chile, Honduras, Paraguay and Suriname. The development of some of these laws has not been without criticism (see E/CN.4/2004/80/Add.2, A/HRC/27/52/Add.3 and A/HRC/33/42/Add.2). The Expert Mechanism has highlighted some of the requirements that such legislation should contain to ensure free, prior and informed consent in an advisory note of 2018, including adequate resources, equality and a mechanism to monitor agreements. 63 During its technical cooperation mission to Mexico City, the Expert Mechanism welcomed the inclusion of free, prior and informed consent in the City’s Constitution, adopted in January 2017. 59. In Colombia, there is no law regulating free, prior and informed consent. However, between 1991 and 2012, around 156 consultations have taken place 64 pursuant to obligations laid down by the Constitutional Court (see para. 37 above). Of those, 3 out of 10 cases have been opposed by indigenous peoples,65 and 95 per cent of projects and development activities have reached favourable outcomes.66 A recent consultation process in Colombia, which culminated in a decree for the protection of isolated people, appears to have been a good practice, having involved dialogue with indigenous organizations and communities near isolated groups.67 South Africa does not have a mechanism, but consultation and consent procedures have been successfully pursued through the Nagoya Protocol. In the Russian Federation, on a subnational level indigenous peoples are entitled to initiate and participate in “ethnological impact assessments” prior to decision-making on planned economic and other activity, and to access the results and recommendations; however, only international companies comply with this procedure due to the lack of regulation and legal clarity on who can represent indigenous peoples in negotiations. 68 58 59 60 61 62 63 64 65 66 67 68 16 The state and federal government are using the Wajãpi Consultation Consent Protocol in the case of the expansion of a non-indigenous settlement neighbouring the Wajãpi indigenous land in the state of Amapá. See www.mpf.mp.br/am/sala-de-imprensa/docs/decisao-liminar-acp-waimiri-atroari-ditadura (in Portuguese). See www.achp.gov/UNdeclaration.html. See Robert J. Miller, “Consultation or consent: the United States duty to confer with American Indian governments”, North Dakota Law Review, vol. 91 (2015). See www.pgrweb.go.cr/scij/Busqueda/Normativa/Normas/nrm_texto_completo.aspx?param1 NRTC&nValor1=1&nValor2=77482&nValor3=97132&strTipM=TC (in Spanish). Available from www.ohchr.org/EN/Issues/IPeoples/EMRIP/Pages/Session11.aspx. See Garavito and Díaz submission. See Gerber submission. See Colombia national human rights institution submission. See http://opiac.org.co/los-pueblos-indigenas-de-la-amazonia-colombiana-celebramos-la-firma-deldecreto-de-proteccion-para-pueblos-indigenas-aislados/ (in Spanish). See Novikova submission (in Russian).