A/HRC/39/17/Add.2 108. The private sector should exercise due diligence and assess the actual and potential human rights impacts of its activities, in accordance with the applicable international standards, before undertaking those activities. 19 109. As regards the various initiatives to draft legislation on prior consultation, it should be emphasized that the lack of specific legislation does not exempt the State from its duty to consult indigenous peoples in accordance with its international obligations. The Special Rapporteur encourages indigenous peoples, the State and other actors to consider other options in their debates, including community-based consultation processes and protocols on relations with the State, drawn up by indigenous peoples. Whatever mechanism is used by the State in order to fulfil its duty of consultation should itself be the fruit of dialogue and consultations carried out in accordance with international standards. Self-determination and political participation 110. Systems of indigenous self-government and autonomy, such as indigenous legal systems, should be promoted and strengthened, including through the provision of financing for these autonomous functions, pursuant to article 4 of the United Nations Declaration on the Rights of Indigenous Peoples. 111. Channels to facilitate dialogue, coordination and collaboration between the Government and indigenous autonomous institutions, such as community police forces, indigenous courts, good governance boards and autonomous municipalities, should be established in all areas of mutual interest. 112. Steps should be taken to improve and expand initiatives that promote indigenous political participation in electoral processes, such as indigenous electoral districts, independent candidacies and access to electoral justice. 113. The necessary legal and administrative measures should be taken to enable indigenous peoples to exercise their right to elect their own authorities in municipal elections in accordance with their customs and practices. Violence, impunity and access to justice 114. Collective and culturally appropriate measures of protection should be developed, in order to defend the rights of indigenous peoples and persons who are in situations of risk. These measures should be devised in collaboration with the indigenous persons concerned and should involve coordination with the relevant institutions to address the underlying risk factors. 115. It is also necessary to develop concerted measures of protection against organized crime and armed groups in indigenous regions, including measures implemented in coordination with indigenous institutions such as indigenous community police forces and other similar entities. Any military presence in indigenous territories should be the subject of consultations with the indigenous peoples concerned, in accordance with international standards, 20 and the necessary measures should be taken to ensure that that presence does not result in human rights violations. 116. Indigenous justice systems, including indigenous courts, community police forces and other means of prevention, protection and conflict resolution, 21 should receive greater recognition and support in the form of appropriate resources. Mechanisms should be developed to ensure harmonization and coordination between indigenous and ordinary courts at the national level. 117. The extremely high rate of impunity in Mexico is a source of concern. Government programmes designed to ensure access to justice for indigenous persons 19 20 21 18 See Guiding Principles on Business and Human Rights, HR/PUB/11/04. See the United Nations Declaration on the Rights of Indigenous Peoples, art. 30. See E/CN.4/2004/80/Add.2, paras. 74–80. GE.18-10617

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