A/73/176 7. Since 2016, the Special Rapporteur has provided input to the Government of Honduras for its process to develop a law on prior consultation, on the basis of the Indigenous and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization (ILO), including by preparing a commentary on the draft law in 2016 and 2017 and participating in a working visit in 2017 pursuant to an invitation extended by the Government. During her country visit to Guatemala in May 2018, the Special Rapporteur was informed that draft legislation to regulate consultation in accordance with ILO Convention No. 169 had been developed by members of the national Congress. The Constitutional Court of Guatemala had also ordered the Congress to adopt a law on consultation, to be based on consultations with indigenous peoples, by May 2018 at the latest. 8. The commentaries on the Honduras draft law and the report on the mission to Guatemala elaborate on basic principles, on the basis of international standards on the rights of indigenous peoples, which the Special Rapporteur considers are not adequately reflected in the current debates and processes relating to the development of consultation laws in those countries. That also seems to be the case in other countries, such as Colombia and Ecuador, that are considering the development of similar legal instruments. 9. The Special Rapporteur has underlined the obligations of Governments to fully implement ILO Convention No. 169 from the moment it enters into force in the ratifying countries, as also stated by ILO. 1 Furthermore, as in the case of many Latin American countries, human rights treaties to which States are parties are part of a “constitutionality block” that provides them with equal or greater legal status than their national constitutions. 10. The Special Rapporteur has also stressed that the right of indigenous peoples to be consulted is not to be viewed as an isolated right. Quite the contrary, it arises from, and helps to safeguard, the substantive rights of indigenous peoples, especially their rights to self-determination, lands, territories and natural resources. All of those rights have to be jointly considered to adequately comply with the obligations contained in ILO Convention No. 169, as well as the obligations deriving from other human righ ts standards, such as the United Nations Declaration on the Rights of Indigenous Peoples and the relevant instruments and jurisprudence of regional human rights systems. Those standards underline the importance of ensuring the free, prior and informed consent of indigenous peoples. The Special Rapporteur is extremely concerned that those standards are being ignored in the processes and conceptual frameworks used to develop consultation legislation and that there is an apparent preference for a restrictive interpretation of the Convention. 11. The Special Rapporteur has observed that, in the above -mentioned cases, there has not been adequate participation of indigenous peoples in defining the agreed processes of “consultation on consultation”. This affects not only the level of input that indigenous peoples can provide on the content of a draft law but also the very legitimacy of the law itself. Furthermore, in the cases examined, different actors have set timelines for the adoption of legal instruments that were inappropriate to the development of an inclusive and meaningful process. 12. The Special Rapporteur has observed deep divergences on the nature and contents of the rights to consultation and consent among the various actors involved, __________________ 1 4/23 At the 282nd meeting of the Governing Body of the International Labour Organization (ILO), held in November 2011, as part of a representation alleging non -observance by Colombia of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under article 24 of the ILO Constitution by the Single Confederation of Workers of Colombia (GB.282/14/3); see ILO, Los derechos de los pueblos indígenas y tribales en la práctica: una guía sobre el convenio número 169 de la Organización Internacional del Trabajo (2009), p. 66. 18-11856