E/CN.4/2006/78 page 21 guarantee the rights of the indigenous peoples. The existence of human rights commissions or ombudsmen is not enough if the ministries with responsibilities in sensitive areas for the indigenous peoples do not take coordinated action. 87. One of the clearest illustrations of the “implementation gap” is to be found in the public administration. With a few exceptions, the State bureaucracy reacts slowly to new legislation in favour of indigenous rights; it is not functionally prepared to address the new challenges; it exists in an administrative culture that makes it difficult to welcome and accept multiculturalism and the right to be different; it advocates a heritage of assimilation that rejects recognition of the indigenous peoples; and it often displays discriminatory, not to say racist, behaviour on indigenous issues within its own administration. This has been extensively documented in the areas of the administration of justice, education, health, environmental policy, agrarian issues and economic development. 88. Another problem lies in the lack of consultation and participation mechanisms, established jointly with the indigenous peoples so as to envisage the needs and views of both parties in order to determine the way in which such mechanisms will be applied in the various areas: legislative, administrative, development and natural resources programmes, among others. Unilaterally developed mechanisms ignore one or other of the parties in the consultation, impose subordination regarding methodology and therefore make for such frustration that the consultation process is doomed to failure from the outset. 89. The judicial sector has been increasingly called upon to become involved in this issue. The courts are instrumental in resolving conflicts between laws, non-enforcement of those laws, and measures taken by the authorities that are at variance with the reforms and jeopardize the rights of indigenous peoples and communities. Superior courts, supreme courts and constitutional courts have played an important role in this process. But they will have to do much more in the future. 90. Indigenous people are increasingly availing themselves of international mechanisms for the defence of their human rights and to try and close the “implementation gap”. At the regional level the inter-American human rights system has played an increasingly important role and is beginning to be useful to the African regional system. At the international level the ILO and the United Nations treaty bodies have unquestionable moral authority that is being increasingly exercised in defence of the rights of the indigenous peoples, although some States have difficulty in believing it. 91. Lastly, the gap can only be closed with full participation of the indigenous organizations and civil society acting constructively within the framework of national institutions, in the quest for a solution to conflicts and for consensus which, in the long run, will benefit the national society as a whole. 92. The Special Rapporteur trusts that the aspects highlighted in this report can serve as a guide for Governments in their commitment to more effective implementation of existing standards on promotion and protection of the rights of indigenous peoples and, accordingly, makes the following recommendations.