A/HRC/12/34 page 18 and complex historic events, and both of which have yet to be overcome”.27 As a tripartite committee of the Governing Body of ILO noted in a case involving a constitutional reform process in Mexico, “the climate of confrontation, violence and lack of mutual trust stopped the consultations from being conducted more productively”.28 Further, indigenous peoples are typically disadvantaged in terms of political influence, financial resources, access to information, and relevant education in comparison to the State institutions or private parties, such as companies, that are their counterparts in the consultations. 51. In order to achieve a climate of confidence and mutual respect for the consultations, the consultation procedure itself should be the product of consensus. The Special Rapporteur has observed that, in many instances, consultation procedures are not effective and do not enjoy the confidence of indigenous peoples, because the affected indigenous peoples were not adequately included in the discussions leading to the design and implementation of the consultation procedures. Additionally, States must duly address the imbalance of power by ensuring arrangements by which indigenous peoples have the financial, technical and other assistance they need, and they must do so without using such assistance to leverage or influence indigenous positions in the consultations. 52. The building of confidence and the possibility of genuine consensus also depends on a consultation procedure in which indigenous peoples’ own institutions of representation and decision-making are fully respected, as explicitly required by the Declaration (art. 19) and ILO Convention No. 169 (art. 6, para. 1 (a)). The Special Rapporteur notes that indigenous peoples may also need to develop or revise their own institutions, through their own decision-making procedures, in order to set up representative structures to facilitate the consultation processes. The Special Rapporteur has noted that the failure of indigenous groups to clarify their representative organization structures can confuse and slow down the consultation process. In this respect, it may be helpful to bear in mind that the Declaration recalls that the functioning of indigenous institutions should be “in accordance with international human rights standards” (art. 34) and calls for particular attention “to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities”, including in the elimination of all forms of discrimination and violence against indigenous children and women (art. 22). 53. In cases involving natural resource exploitation or development projects affecting indigenous lands, in order for the indigenous peoples concerned to make free and informed decisions about the project under consideration, it is necessary that they are provided with full and objective information about all aspects of the project that will affect them, including the impact of the project on their lives and environment. In this connection, it is essential for the State to carry out environmental and social impact studies so that the full expected consequences of the project can be known. These studies must be presented to the indigenous groups 27 Report of the Committee set up to examine the representation alleging non-observance by Mexico of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under article 24 of the ILO Constitution by the Authentic Workers’ Front (FAT), para. 107. 28 Ibid.

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