A/66/288 significant social or cultural impact on the lives of the indigenous peoples concerned. 85. Still, in all cases in which indigenous peoples’ particular interests are affected by a proposed measure, obtaining their consent should, to some degree, be an objective of the consultation. The principles of good faith imply an effort to build dialogue in which both States and indigenous peoples are to work towards consensus and try in earnest to arrive at a mutually satisfactory agreement. All parties should be willing to listen and compromise on their positions and defend their legitimate interests and arrive at agreements that are binding on all. 86. Nonetheless, affected indigenous peoples could be justified in withholding their consent in relation to a proposed initiative, and the proposed initiative should indeed not move forward without such consent, if the State has not demonstrated that the rights of affected indigenous peoples will be adequately protected under the proposed project or if the State has not adopted adequate measures to mitigate any adverse impacts of the proposed project. 3. Elements of confidence-building conducive to consensus 87. A good faith effort towards consensual decision-making requires that States endeavour to create a climate of confidence with indigenous peoples that allows for a productive dialogue. This is particularly important in relation to indigenous peoples given their historic exclusion from decision-making processes and consequent lack of trust in State institutions. Furthermore, indigenous peoples are typically disadvantaged in terms of political influence, financial resources, access to information and relevant education in comparison to State institutions or private parties, such as companies, that are their counterparts in the consultations. 88. In order to achieve a climate of confidence and mutual respect for the consultations, the consultation procedure itself should be the product of consensus. The Special Rapporteur has observed that, in many instances, consultation procedures are not effective and do not enjoy the confidence of indigenous peoples because the affected indigenous peoples were not adequately included in the discussions leading to the design and implementation of the consultation procedures. These discussions should be initiated at the earliest stages of the design of the proposed initiative and certainly, in the case of natural resource extraction projects, before the State has entered into any agreements with third parties, such as funding institutions or companies, in relation to the proposed project. Additionally, States must duly address the imbalance of power by ensuring arrangements by which indigenous peoples have the financial, technical and other assistance they need, and they must do so without using such assistance to leverage or influence indigenous positions in the consultations. 89. The building of confidence and the possibility of genuine consensus also depends on a consultation procedure in which indigenous peoples’ own institutions of representation and decision-making are fully respected. Indigenous peoples may also need to develop or revise their own institutions, through their own decisionmaking procedures, in order to set up representative structures to facilitate the consultation processes. The Special Rapporteur has noted that the failure of indigenous groups to clarify their representative organization structures can confuse and slow down the consultation process. 11-44942 17