A/HRC/39/17/Add.3 which proposes reforms to the Non-governmental Organizations for Development Act that would impose restrictions and controls on the registration and functioning of nongovernmental organizations. This could be incompatible with their rights to freedom of expression and association. C. Right to self-determination, autonomy and self-government Consultation and consent 62. Despite the serious structural problems noted above, the key issue with regard to indigenous rights in Guatemala seems to be the question of consultation. It is worrying that this question is treated as a matter of security and guarantees for investment and not as a human rights issue and that the discussion focuses only on the implementation of projects to exploit natural resources. 63. Consultation in Guatemala continues to be governed by the Municipal Code and the Urban and Rural Development Councils Act, even though these laws are not in line with the relevant international standards. The Municipal Code gives municipalities the power to set up consultations, including consultations with indigenous communities and authorities. The Urban and Rural Development Councils Act contains a temporary provision stipulating that, until the adoption of the corresponding legislation, consultations on any development measure affecting indigenous peoples must be held through the indigenous representatives on the Urban and Rural Development Councils, who are not actually the indigenous peoples’ traditional authorities. The previous Special Rapporteur, Mr. Anaya, drew attention to these concerns as long ago as 2010 and the Special Rapporteur notes that the situation has not improved since that time. 8 64. Owing to the contradictions in the legal framework and the State’s failure to comply with the indigenous peoples’ rights to consultation and consent, the indigenous communities have developed so-called “good-faith community consultations”. It is estimated that between 84 and 114 such consultations have been held, almost 90 per cent of them on activities to exploit natural resources. A number of indigenous communities stated that these consultations were consonant with their world views and their traditional decision-making methods. 65. The indigenous communities have also applied to the courts over the lack of proper consultations. The Constitutional Court has handed down over 55 rulings on consultation with indigenous peoples since 1996. As indicated above, these rulings are sometimes contradictory, with the result that a consistent jurisprudence that is in line with the relevant international standards has not been established. This has increased pressure, especially from the private sector, for legislation that will ensure legal certainty for its investments, particularly since some rulings have ordered the cessation of activities on which no consultations were held. 66. Over the past few years, a number of proposals have been put forward by the Government and members of the Congress for legislation and instruments governing the right to consultation. In July 2017, the Ministry of Labour issued operative guidelines on the holding of consultations with indigenous peoples. The Ministry stated that the guidelines, which had been drawn up following a participatory process, would form part of the future law to be drafted and adopted by the Congress within a year, with participation by indigenous people, in accordance with the order issued by the Constitutional Court in its judgment in the Oxec I and Oxec II case in May 2017. At the same time, it put forward other legislative proposals. 67. Members of the Indigenous Peoples Committee and the Human Rights Committee of the Congress said that it would be impossible to comply with the Constitutional Court order within the deadline that had been set, given that they were unable to hold the 8 12 A/HRC/18/35/Add.3, paras. 20, 21, 48 and 49. GE.18-13268