A/HRC/33/42/Add.2 Investment projects 97. The indigenous peoples must be included in national development planning and energy policy, taking into account international standards on the protection of their cultures, lands and traditional resources. Prior consultation and free, prior and informed consent are essential in this regard. Social, cultural, environmental and human rights impact studies must be carried out and an agreed definition of mitigation, compensation and benefit measures must be reached. International standards apply in the case of energy projects, and also extractive, agro-industrial, tourism and infrastructure projects, model cities and other projects that affect or may affect indigenous peoples. 98. With regard to the Patuca III project and other energy and investment projects (paras. 46 to 50), the Special Rapporteur considers that there must be appropriate prior consultation to provide the indigenous peoples with accessible information on the social, environmental and cultural impact of those projects and possible measures of mitigation, compensation and benefits. No project should proceed until guarantees have been honoured and the free, prior and informed consent of all the indigenous peoples affected has been obtained. Indigenous peoples whose lands, natural resources or other rights have been violated by the implementation of such projects should obtain justice and compensation. 99. The private sector, meanwhile, has the obligation to exercise due diligence and assess the real and potential impact of its activities on human rights before undertaking operations. The corporate responsibility to respect human rights exists independently of a State’s ability or willingness to fulfil its own human rights obligations and it exists over and above compliance with national laws and regulations protecting human rights. 19 Before applying for permission or signing contracts relating to investment projects, companies should carry out studies on the presence of indigenous peoples in or around sites proposed for such projects and on the rights to lands, natural resources and prior consultation that indigenous peoples have under international standards. Protected areas 100. The creation of protected areas also requires prior consultation, the consent of the indigenous peoples directly or indirectly affected and due regard for their rights under national and international law. The management of existing or proposed protected areas should be conducted with the full and effective participation of the indigenous peoples affected, respecting their own forms of use and management of natural resources in their ancestral territories. The Special Rapporteur urges that the necessary measures be taken to facilitate access to and use of their lands and natural resources by the indigenous peoples in areas that are currently protected, free of charge and without penalty. Economic, social and organizational development 101. Census information on the indigenous population and its social and economic situation must be updated and systematized and methods to evaluate the scope and effectiveness of social policies and programmes targeting indigenous peoples must be developed, taking into account also the situation of indigenous women and children. 19 20 See the Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework (A/HRC/17/31, annex). GE.16-12632