A/HRC/39/17/Add.2 cent of electricity from renewable energy sources by 2024. According to the InterAmerican Commission on Human Rights (IACHR),3 29,000 mining, hydropower and wind power concessions have been granted, covering 35 per cent of national territory; 17 per cent of those concessions affect indigenous territories. 32. Legislative developments in the field of prior consultation include institutional protocols, court decisions and laws that establish consultation requirements. In 2013, the National Commission for the Development of Indigenous Peoples published a protocol containing guidelines on the consultation of indigenous peoples, which has served as a reference guide for State agencies, although it is not binding.4 33. Secondary legislation arising from the energy sector reform contains provisions on prior consultation for projects in the hydrocarbon and energy sectors, which is the responsibility of the Ministry of Energy. The Ministry prepares ad hoc protocols on consultation for specific projects, based on the protocol of the National Commission for the Development of Indigenous Peoples, in collaboration with other relevant federal and state bodies. As regards the forestry sector, the National Forestry Commission provided information on the mechanisms in place for the participation and consultation of indigenous peoples with respect to plans and programmes in this sector, including a consultation process at the national level on the national strategy for reducing emissions from deforestation and forest degradation. 34. The states of Durango and San Luis Potosí have adopted laws on prior consultation and legislative proposals have been made in other states. In the state of Chihuahua, steps have reportedly been taken to consult indigenous peoples on constitutional and legislative reforms in this area. 35. The federal courts have considered a number of cases relating to prior consultation, indigenous peoples and megaprojects. In some cases, the Supreme Court has ordered the suspension of projects launched without consultation but those orders have allegedly been ignored by state officials and the private sector and do not yet constitute binding case law according to the Mexican legal tradition.5 As a result, the impacts of these projects have not been mitigated and tensions have mounted in the communities concerned. 36. The National Human Rights Commission has stated its opinion on this issue 6 and on some specific cases.7 The Special Rapporteur agrees with the Commission about some of the questionable consultation practices that have been adopted in Mexico. In many cases, consultations do not take place prior to the project, since authorization and permits for the project are granted before indigenous peoples have been consulted. The freedom of consultations is undermined by the fact that members of indigenous peoples face threats, harassment and accusations during the consultation process. This freedom may also be limited by the state of necessity in which indigenous peoples find themselves when they cannot fully exercise their basic rights. The realization of economic, social and cultural rights cannot be made conditional on the outcome of consultations or considered a form of compensation or benefit sharing; it is the State’s obligation, regardless of whether a project is carried out in an indigenous community. There is still a failure to provide clear, accurate and comprehensive information on the impact of projects; information is not presented in a culturally appropriate manner and does not take into account the pace of decision-making and other cultural characteristics of the peoples consulted. 8 37. A number of actors noted that there was a lack of clarity as to whom should be consulted, which authorities represented the indigenous communities, and the capacities and resources of the institutions responsible for carrying out consultations. Current 3 4 5 6 7 8 GE.18-10617 See IACHR, The Human Rights Situation in Mexico, OEA/SER.L/V/II, Doc. 44/15, 2015, para. 253. Protocol on the consultation of indigenous peoples and communities, available at http://observatorioetnicocecoin.org.co/cecoin/files/cdi_protocolo_consulta_pueblos%20 indigenas_2014.pdf. Five consecutive rulings to the same effect, handed down by the same court, are required. National Human Rights Commission, general recommendation No. 27. For example, National Human Rights Commission, recommendations Nos. 56/2016 and 23/2015. See National Human Rights Commission, general recommendation No. 27/2016, pp. 48–50. 7