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that has required the greatest amount of attention on an ongoing basis. The Special
Rapporteur is grateful for the cooperation he has received from several States, indigenous
peoples and others in all aspects of his work. He urges States that have not responded to his
communications of alleged human rights violations to do so, and also urges States to
respond positively to requests for country visits.
3. The duty to consult
61. A core issue that the Special Rapporteur has repeatedly confronted is a lack of
adequate consultation with indigenous peoples on matters that affect their lives and
territories. A lack of adequate consultation is related to conflictive situations and profound
expressions of discontent, mistrust and even anger on the part of indigenous peoples in
various scenarios across the world. The Special Rapporteur perceives a need on the part of
States and other stakeholders for orientation about the relevant normative parameters and
measures necessary for compliance with the duty to consult with indigenous peoples, in
accordance with international standards. In the following paragraphs, the Special
Rapporteur summarizes his conclusions on certain aspects of the duty to consult, and adds
recommendations.
4. Normative framework and national laws, policies and practice
62. In accordance with the United Nations Declaration on the Rights of Indigenous
Peoples and ILO Convention No. 169, States have a duty to consult with indigenous peoples
through special, differentiated procedures in matters affecting them, with the objective of
obtaining their free, prior and informed consent. Premised on an understanding of
indigenous peoples’ relative marginalization and disadvantaged conditions in regard to
normal democratic processes, this duty derives from the overarching right of indigenous
peoples to self-determination and from principles of popular sovereignty and government
by consent; and it is a corollary of related human rights principles.
63. The duty to consult applies whenever a legislative or administrative decision may
affect indigenous peoples in ways not felt by the State’s general population, and in such
cases the duty applies in regard to those indigenous groups that are particularly affected
and in regard to their particular interests. The duty to consult does not only apply when
substantive rights that are already recognized under domestic law, such as legal
entitlements to land, are implicated in the proposed measure.
64. States should develop mechanisms for determining and analysing if, and the extent to
which, proposed legislative or administrative measures, including those for natural
resource extraction or other development activities, affect indigenous peoples’ particular
interests, in order to determine the need for special consultation procedures well before the
measures are taken.
65. The specific characteristics of the required consultation procedures will vary
depending on the nature of the proposed measure, the scope of its impact on indigenous
peoples, and the nature of the indigenous interests or rights at stake. Yet, in all cases in
which the duty to consult applies, the objective of the consultation should be to obtain the