A/HRC/12/34 page 21 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

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