E/CN.4/2006/78 page 22 II. RECOMMENDATIONS 93. The Special Rapporteur recommends that Governments should assign high priority to the quest for concrete measures and actions that will help close the existing gap between laws for protecting the human rights of indigenous people and their practical implementation. 94. They should develop a coordinated and systematic policy, with the participation of the indigenous peoples, that cuts across the various ministries concerned with indigenous issues. 95. They should establish, in consultation with the institutions representing the indigenous peoples, bodies for consultation and participation on all general and particular measures that affect them, with special attention to legislation, natural resources and development projects. 96. Aware that the establishment of appropriate intercultural consultation and participation mechanisms can only come from a process and not from a single action, they should formulate flexible mechanisms and create national commissions that can evaluate the manner in which such mechanisms operate and make the necessary adjustments. 97. In parallel with the new laws, they should establish monitoring and evaluation mechanisms and practices and mechanisms for the implementation of the standards established with the participation of the indigenous peoples. 98. Parliaments should establish, where they do not yet exist, commissions on indigenous affairs and on human rights, and those already in existence should be made responsible for ensuring that legislative proposals respond effectively to the needs and requirements of the indigenous peoples in consultation with those peoples. Likewise, they should carefully monitor use of the budgets allocated to the areas of protection and promotion of the rights of indigenous peoples and communities. 99. The necessary statutory and organic laws should be enacted as soon as possible in consultation with the representative institutions of the indigenous peoples, for the effective implementation of the standards established in laws on the human rights of the indigenous peoples. 100. In cases of inconsistency between laws, priority and precedence should be given to those that protect the human rights of the indigenous peoples, and conflicts that may arise from such inconsistencies should be resolved in good faith and by common agreement. 101. Independent mechanisms should be established for determining the appropriate criteria and indicators for systematic monitoring of enforcement of laws concerning the

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