A/69/267 40. Nevertheless, as described by the previous Special Rapporteur, the externally designed and managed model for development for indigenous peoples, especially in the area of extractive resources, is still the “standard scenario”. 10 This has led to a common perception among indigenous peoples that “no apparent positive impact is to be had from these operations, which are seen more as a top -down imposition of decisions taken in a collusion of State and corporate interests than the result of negotiated decisions in which their communities are not directly involved ”. 11 To counter this situation, the former Special Rapporteur pointed out the need for States and business enterprises to reverse the standard scenario and to build new models of partnership for resource extraction and development, which should preferably be conceived through indigenous peoples’ own initiatives and enterprises. 10 41. The Special Rapporteur notes that, at a minimum, third -party development initiatives should seek to establish rights-centred and equitable agreements and partnerships with indigenous peoples. Such partnerships are most likely to be successful if they: (a) are developed within the framework of State regulatory regimes that adequately protect indigenous peoples’ rights, including the extraterritorial activities of private companies; (b) ensure participation of indigenous peoples and respect for their rights in strategic State planning from the national to the local levels for resource extraction and development; ( c) ensure that companies comply with their responsibility to respect indigenous peoples ’ rights and perform related due diligence to assess and avoid any adverse impact; and (d) ensure fair and adequate consultation and negotiation procedures, aimed at obtaining free, prior and informed consent. 42. In this context, the Special Rapporteur notes with interest the adoption by the Human Rights Council, on 26 June 2014, of resolution 26/9, entitled “Elaboration of an international legally binding instrument on Transnational Corporations and other Business Enterprises with respect to Human Rights”. By its resolution 26/9, the Council decided to establish an open-ended intergovernmental working group mandated “to elaborate an international legally binding instru ment to regulate, in international human rights law, the activities of transnational corporations and other business enterprises”. 43. This could be a much needed step towards ensuring that gross human rights violations against indigenous peoples that involve transnational corporations and business enterprises become a thing of the past, thereby paving the way for the construction of new mutually beneficial partnerships between businesses and indigenous peoples. 44. The Special Rapporteur recommends that the participation of indigenous representatives be ensured and supported as part of the process of establishing the open-ended intergovernmental working group. The Special Rapporteur looks forward to contributing to this process in any way she can, includin g by collaborating closely with the working group and by facilitating dialogue among the parties, if requested. 45. At the same time, the Special Rapporteur also expects that the implementation of the above-mentioned resolution will not derail the work already carried out to implement the Guiding Principles on Business and Human Rights that has taken __________________ 10 11 12/23 See A/HRC/24/41. A/HRC/18/35, para. 65. 14-58847