Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation prior consent of indigenous peoples”133 and stipulates that “before approving operations with particularly significant potentially adverse impacts on indigenous peoples, the Bank will demand evidence that the project proponent has reached satisfactory and duly documented agreements with the peoples affected, or has obtained their consent”.134 The European Bank for Reconstruction and Development also recognizes the need to obtain the free, prior and informed consent of indigenous peoples before starting any activity on traditional lands, the relocation of indigenous peoples or any project proposing to use the cultural resources, knowledge, innovations or practices of indigenous peoples for commercial purposes.135 The issue of with whom the State can seek consent is critical. In this regard, several communities around the world are working on establishing their own protocols on how outsiders should communicate with them to obtain their free, prior and informed consent. The consent of indigenous peoples should be determined in accordance with their customary laws and practices. This does not necessarily mean that every single member must agree, but rather that the consent process will be undertaken through procedures and institutions determined by indigenous peoples themselves. Indigenous peoples should specify which representative institutions are entitled to express consent on behalf of the affected peoples or communities. In addition, mechanisms and procedures should be established to verify that free, prior and informed consent has been sought. In order for these mechanisms to function properly, indigenous peoples must be included in their development. States are to provide effective mechanisms for redress when the free, prior and informed consent of indigenous peoples has not been sought. This redress may include restitution or compensation. If it is determined that the elements of free, prior and informed consent have not been respected, it may lead to the revocation of consent given. Many avenues are open to States to ensure that indigenous peoples benefit from the full protection of the principle of free, prior and informed consent, provided that indigenous peoples are meaningfully engaged in manner that is consistent with their culture and institutions. 133 Inter-American Development Bank, Operational Policy on Indigenous Peoples and Strategy for Indigenous Development (2006), p. 34. 134 Ibid., p. 39. 135 European Bank for Reconstruction and Development, Performance Requirement PR-7 (2008). Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 29