Part I The United Nations Declaration on the Rights of Indigenous Peoples: Background, content and implementation He has further noted that involving indigenous peoples in decision-making facilitates better outcomes for projects and programmes. He has expressed the view that without the consultation and buy-in of indigenous peoples at the earliest stages of the development of government initiatives, the effectiveness of those programmes, even those that are intended to specifically benefit indigenous peoples, can be crippled at the outset. A lack of adequate consultation can lead to situations of conflict, as well as indigenous expressions of anger and mistrust, which, in some cases, have spiralled into violence.115 The Expert Mechanism has completed a study on the right of indigenous peoples to participate in decision-making and has issued advice on the subject to the Human Rights Council.116 It has noted the special opportunities for NHRIs to promote the participation of indigenous peoples in the discussions and decisions which concern them.117 EXPERT MECHANISM ON THE RIGHTS OF INDIGENOUS PEOPLES: FINAL STUDY ON INDIGENOUS PEOPLES AND THE RIGHT TO PARTICIPATE IN DECISION-MAKING117 National human rights institutions, as independent bodies, should play an important role in bringing together representatives of Government and indigenous peoples, thus promoting indigenous peoples’ participation in discussions and decisions on issues that concern them. National human rights institutions can also stress the need for all stakeholders to ensure indigenous representatives are involved in decision-making. Such institutions, through their own programmes, could also actively involve indigenous peoples in decision-making on related issues. The Expert Mechanism has also identified resource extraction as a thematic area requiring special attention in relation to the right of indigenous peoples to participate in decision-making. It has noted that while States retain the primary obligation to ensure indigenous peoples’ right to participate is respected, nevertheless, to meet their own responsibility to respect human rights, extractive businesses should ensure, and make their own assessment as to, compliance with the right of indigenous peoples to participate in decision-making. Indeed, positive experience illustrates that extractive industries should work in partnership with States and indigenous peoples at all planning and implementation stages of extractive activities that might impact on indigenous peoples’ interests.118 The right of indigenous peoples to participate in decision-making is a key component in achieving reconciliation between indigenous peoples and States and, when effectively implemented, affords an effective means of combating the legacy of exclusion and marginalization affecting indigenous peoples throughout the world. 115 A/HRC/12/34, para. 36. 116 Expert Mechanism on the Rights of Indigenous Peoples, “Progress report on the study on indigenous peoples and the right to participate in decision-making” (A/HRC/15/35, 2010), “Final report of the study on indigenous peoples and the right to participate in decision-making” (A/HRC/18/42, 2011), including Advice No. 2 on indigenous peoples and the right to participate in decision making, and “Follow-up report on indigenous peoples and the right to participate in decision-making, with a focus on extractive industries” (A/HRC/EMRIP/2012/2), including Advice No. 4 on indigenous peoples and the right to participate in decision-making, with a focus on extractive industries. The issue of indigenous peoples’ participation in the United Nations system has also been examined in a report of the Secretary-General, “Ways and means of promoting participation at the United Nations of indigenous peoples’ representatives on issues affecting them” (A/HRC/21/24, 2012). 117 A/HRC/EMRIP/2011/2, annex, para. 37. 118 A/HRC/EMRIP/2012/2, annex: Advice No. 4 on indigenous peoples and the right to participate in decision-making, with a focus on extractive industries, para. 40. See also the report of the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises (A/HRC/17/31) and Human Rights Council resolution 17/4. Chapter 3: The content of the Declaration: Self-determination; autonomy; and participation, consultation and consent | 25