A/HRC/18/35 relevant revisions to “sectorial” legislation, namely, legislation relating to the use of specific resources such as minerals, forests or water resources. Some already existing mechanisms for consultation with indigenous peoples were also identified. Notably, Norway and Finland highlighted relevant domestic laws and policies that require consultations with the respective Saami Parliaments in those countries, in relation to extractive industry projects and other development plans in Saami-populated areas. 45. Although some progress is being made domestically, several responses from private business entities expressed concern over the significant level of uncertainty surrounding consultation procedures. A survey of business responses suggest that questions remain regarding the scope and implications of consultations, as well as the specific circumstances that may trigger the duty to consult. Uncertainty also remains for Governments and businesses regarding the identification of communities with whom it is necessary to consult, in particular indigenous communities whose lands have not been demarcated by the State and communities in which both indigenous and non-indigenous peoples live. The Government of Peru also observed that restricting the consultation process to communities found in direct impact areas fails to account for communities found outside those areas but that are nevertheless affected by extractive projects. 46. Various indigenous peoples’ submissions spoke to the challenges involved in obtaining accurate information about the potential impact of proposed extractive industry projects on indigenous peoples’ environment and daily lives. The Sucker Creek First Nation of Canada reported the difficulties of their communities when attempting to navigate complex information in consultation and negotiation phases. The information it provided suggested that indigenous communities may lack the technical expertise necessary to engage as equals in consultation and negotiations, which leaves them reliant on impact assessments provided by extraction companies, which reportedly do not always assess accurately the full extent of potential impact on indigenous peoples. 47. A considerable number of indigenous respondents maintain that extractive companies carry out consultations as a mere formality in order to expedite their activities within indigenous territories. In that connection, the Lubicon Lake Indian Nation in Canada indicated that the statutory duty to consult indigenous peoples had not been adequately implemented in practice to the extent that “good faith-consultations” undertaken by companies do not require the indigenous peoples’ consent or accommodation of their viewpoints. It also reported that indigenous peoples’ input does not substantively affect preestablished Government or industry plans. 4. Lack of clear regulatory frameworks and other institutional weakness 48. Representatives of business enterprises reported that deficient domestic regulatory frameworks create barriers to carrying out their operations in a way that respects indigenous peoples’ rights and interests. Several businesses contended that this lack of clarity constituted a major obstacle to their ability to undertake their operations in a manner consistent with international expectations regarding the rights of indigenous peoples. In turn, this lack of legal certainty is perceived by corporate actors as a cause of costly conflicts with local indigenous communities. 49. Corporate responses point out three particular areas in which a clear regulatory framework is often lacking: the content and scope of indigenous peoples’ rights over their lands, territories and natural resources, particularly in those instances in which traditional land tenure has not been officially recognized through titling or otherwise; consultation procedures with indigenous peoples; and benefit-sharing schemes. With regard to these issues, the examples of best practices shared by companies related more to their voluntary practices and initiatives than to the meeting of the legal requirements of the countries in which they operate. 12