A/HRC/45/34/Add.1 the project and one civil society representative. There is no requirement that any member be indigenous. 71. The commission is to engage with a range of different constituents within the consulted indigenous peoples, through indigenous peoples’ own community structures and associations. The Decree includes information on concrete ways to engage with the communities without, however, specifying whether these proposals are culturally appropriate or the most efficient way to communicate with indigenous communities. 72. The Decree provides that the goal of consultations is to get the free, prior and informed consent of populations affected by a development project. It does not, however, provide for a complaints procedure for any indigenous communities that may consider a consultation to have been flawed or where an agreement reached after consultation was not respected. E. Rights and access to land and resources 1. Standstill regarding the land demarcation process 73. In 2010, the Special Rapporteur recommended that the Government develop a new procedure for demarcating and registering lands in accordance with indigenous peoples’ customary rights and tenure. He highlighted the need for funding, technical expertise, participation of indigenous peoples and dedicated personnel. He also advised that a mechanism be established to review all existing laws to ensure consistency with the thenpending Law No. 5-2011. 74. Law No. 5-2011 recognizes that indigenous peoples, collectively and individually, have a right to own, possess, access and use the lands and natural resources that they have traditionally used or occupied for their subsistence, pharmacopeia and work (art. 31). It requires the State to facilitate delimitation of those lands on the basis of indigenous customary rights and to ensure legal recognition of titles in accordance with customary rights, even in cases where indigenous peoples did not previously possess any formal title (art. 32). 75. According to both the Government and civil society, land titling is an extremely complex issue in the Congo, in part because of overlapping rights over the forest, particularly where logging concessions have been granted or conservation areas have been established over indigenous lands, but also because of overlapping bodies of law governing the use and ownership of lands, with customary laws applying to both Bantu and indigenous populations and modern laws introducing the notion of land title. Land demarcation is also complex and onerous and there are currently no concrete resources allocated to this process. No procedures for claiming land have yet been defined, there is no national land registry and the Ministry of Land and Public Domain Affairs has reported that it has not received any request for land titling since the adoption of Law No. 5-2011. 76. The Special Rapporteur notes with concern that a law regulating land use and acquisition adopted in 2018 does not mention the specific rights of indigenous peoples set out in Law No. 5-2011.22 77. Decree No. 2006-255 of 28 June 2006 facilitates the recognition of customary land ownership where the land has been in use through agriculture, cattle grazing or other productive activities (art. 7). It does not, however, recognize conservation and sustainable forest management as a form of land development that could lead to the issuance of a land title. Indigenous peoples’ traditional lands are used for hunting, gathering or religious practices and may be wrongly perceived by non-indigenous populations as being “unoccupied” and consequently subject to designation as forest reserves, national parks or conservation areas or for commercial exploitation. 78. Private property is a concept foreign to most indigenous peoples, including the indigenous peoples of the Congo. Most indigenous peoples forced out of the forest and living in the outskirts of Bantu villages, however, express the wish to obtain land titles in 22 14 Law No. 21-2018 of 13 June 2018.