A/HRC/39/17/Add.2 disputes, and justice and full reparation for violations of their territorial rights. Interdisciplinary working groups made up of indigenous, civil society and government representatives could be set up to propose suitable mechanisms for the resolution of these cases.17 These measures should be developed in full cooperation with the relevant indigenous peoples and in conformity with international law on indigenous peoples, including the case law of the inter-American system. 101. The Special Rapporteur reiterates her predecessor’s recommendations on the need to respect the rights of indigenous peoples as regards protected areas in their territories, including their rights to prior consultation and participation in the management, administration and control of those areas. She also reiterates that indigenous peoples’ rights include access to natural resources for the purpose of subsistence and protection of their cultural and natural heritage.18 Development priorities, megaprojects, consultation and consent 102. It is recommended that indigenous peoples and government authorities should engage in discussions on development, on equal terms, with a view to adopting joint decisions on development in indigenous territories. Development proposals made by indigenous peoples should take priority in the territories of those peoples. In this context, the specific needs and circumstances of native and indigenous peoples living in urban centres should be taken into account. 103. The proposals, priorities and concerns of indigenous peoples regarding development in or around their territories should be taken into account in development policies, laws and plans in the energy, agrarian, agro-industrial and tourism sectors and other areas, before concessions, licences, permits and other forms of authorization that may affect their rights and cause conflicts are granted. 104. Measures should be taken to ensure that indigenous peoples have access to studies on the potential human rights impact of proposed projects that would affect their territories; those studies should be conducted by independent entities in accordance with international standards and taking into account the indigenous peoples’ knowledge of their environment. 105. In addition, steps should be taken to strengthen the government institutions that are responsible for monitoring the activity of companies and investigating and imposing penalties for any environmental and health damage suffered by indigenous peoples. 106. Any consultations on activities or measures that may affect indigenous peoples should be held in advance and should include the provision of appropriate information on the social, environmental and cultural impacts of the project and any mitigation measures, compensation and benefits. No project should proceed unless those steps have been taken and the free, prior and informed consent of the indigenous peoples concerned has been obtained. Indigenous peoples whose rights have been violated by projects of this kind should have access to justice and full reparation. 107. The State has a duty to protect the rights of indigenous peoples and, in that context, to ensure that companies exercise due diligence and assume their responsibilities if any harm is caused. Before signing contracts relating to investment projects, the State should carry out studies on the presence of indigenous peoples in or around the sites proposed for those projects and on the rights to lands, natural resources and prior consultation that indigenous peoples may have according to international standards. 17 18 GE.18-10617 See E/CN.4/2004/80/Add.2, para. 74. See ibid., paras. 74–80. 17