A/HRC/39/17/Add.2 V. Conclusions and recommendations 93. The current situation of indigenous peoples in Mexico shows that there is a significant gap between the legal, political and institutional reality and the country’s international commitments. This gap continues to widen, especially as a result of the development model that was launched as part of the energy reform and has a major impact on indigenous territories. Sustainable development requires a human rightsbased approach. 94. Effective and coordinated measures must be taken by institutions throughout the federal, state and municipal system in order to address the serious problems described above, including changes to the legal, political and institutional framework to ensure the realization of the rights of indigenous peoples in key areas such as lands, territories and natural resources; their own development priorities; selfdetermination; political participation; and access to justice. Urgent measures should also be taken to resolve the problems of violence and insecurity, as well as poverty, marginalization and structural discrimination. 95. The Special Rapporteur considers that the groundwork should be laid for a sustained and inclusive dialogue with indigenous peoples that builds the trust that is needed in order to deal with the issues mentioned in this report and to establish a new relationship between indigenous peoples and the State, based on equality, respect and non-discrimination. Legal, political and institutional framework 96. The constitutional debate on fundamental rights, including the recognition of indigenous peoples as subjects of public law, should be reopened. This involves the amendment or revision of federal and state legislation on indigenous matters. An initial step towards resolving the problems mentioned in this report is to acknowledge the country’s historical debt in this area and to align legislation and policies on, inter alia, agrarian and territorial issues, energy sector development, mining, water, production and food security, governance and the administration of justice, with the country’s international obligations in respect of the rights of indigenous peoples. These amendments or reforms should be carried out in consultation and collaboration with indigenous peoples, in accordance with international standards. 97. Government institutions, especially the National Commission for the Development of Indigenous Peoples, should have the capacity and resources necessary to meet the needs of indigenous peoples in the field of human rights and access to justice. The programmes and policies of these institutions should no longer reflect a welfare-based approach but rather a human rights-based approach that promotes the empowerment and self-determination of indigenous peoples and takes into account their own proposals and priorities, ensuring the full participation of indigenous peoples in the preparation and development of such programmes and policies. 98. The courts, including the Supreme Court, should speed up existing procedures to ensure that rulings in favour of indigenous peoples are implemented. Greater attention should be paid to cases which illustrate that national law may be incompatible with international standards on the rights of indigenous peoples. Lands, territories and natural resources 99. A comprehensive reform of the agrarian legal regime is recommended, in order to bring it into line with current international standards on the rights of indigenous peoples. The lack of respect for the right of indigenous peoples to their lands, territories and resources has a negative impact on the enjoyment of their other rights. A reform of this kind would entail the provision of training for local agrarian authorities and the staff of agrarian institutions and courts. 100. Special attention should be given to indigenous peoples’ requests for recognition and protection of their lands and territories, the resolution of land 16 GE.18-10617