A/HRC/39/17/Add.3 necessary consultations with the indigenous peoples and that indigenous authorities and organizations were clearly opposed to the adoption of legislation. 68. Indigenous representatives stated that the principles of the consultation process were set out clearly in international standards and did not require further development at the national level. They expressed their fear that any legislation would seek to restrict the right to consultations and consent and would not respect the indigenous peoples’ own procedures. The Special Rapporteur considers that this issue requires more detailed consideration than she has been able to give it in the present report, but she wishes to draw attention to a number of basic factors that do not seem to have been taken into account in most of the proposals put forward. 69. The Special Rapporteur wishes to make it clear that the State is under an obligation to apply international standards on indigenous peoples’ rights, regardless of whether or not a specific law is in place. It cannot be argued that human rights obligations can be observed only once a law has been adopted. The duty to consult already applies and, moreover, the legislative proposals that have been drawn up without consultation do not comply with international standards. 70. It must be emphasized that the indigenous peoples’ right to consultation is not an isolated right. On the contrary, it arises out of their substantive rights, particularly the right to self-determination and associated rights over their lands, territories and natural resources. The Government should take all these rights into consideration when it complies with its obligations under ILO Convention No. 169. Moreover, these obligations should be interpreted in the light of other international standards on the rights of indigenous peoples, particularly those contained in the United Nations Declaration on the Rights of Indigenous Peoples and the relevant instruments and jurisprudence of the inter-American human rights system. These standards stress the importance of the free, prior and informed consent of the indigenous peoples. 71. In view of the wide divergences of opinion regarding the substance and the application of the right to consultation and consent, the priority should be to build consensus between the State and the indigenous peoples on these questions as a prerequisite for the drafting of any legislation. 72. The Special Rapporteur recognizes that, in a situation in which, as described in the present report, indigenous peoples’ rights are violated, it is difficult to build mutual trust. The Government of Guatemala should strive to make substantial progress in protecting and realizing the rights of the indigenous peoples over their lands, territory and resources and in recognizing their authorities and jurisdiction, with a view to embarking on a new relationship with them so that a dialogue can be held in good faith on the best way to guarantee their rights to consultation and consent. It is also essential that the authorities issue no new licences without consulting and gaining the consent of the indigenous peoples concerned. Indigenous government institutions and political participation 73. The Constitution recognizes the indigenous peoples’ “forms of organization”, but the recognition of their institutions is not properly reflected in the legal system, as required by ILO Convention No. 169 and the United Nations Declaration on the Rights of Indigenous Peoples. The agrarian system and legislation on decentralization have established new official bodies that have contributed to the weakening of the traditional structures. Decision-making powers are concentrated in these bodies and the traditional authorities have been sidelined in that respect. The Special Rapporteur heard numerous allegations about the role played by the Urban and Rural Development Councils in many communities; they are said to support outside interests while disregarding the communities’ own authority structures. She also heard allegations of corruption and of violence and threats by members of the Councils directed against not only indigenous authorities but also women and girls. 74. Article 20 of the Municipal Code stipulates that indigenous communities should register with the civil registry of the relevant municipality as a prerequisite to being recognized as such and to subsequently claiming communal title over lands and natural GE.18-13268 13