A/HRC/15/35 respect the principle of the free, prior and informed consent of indigenous peoples in all matters covered by their specific rights.24 In this context, the Committee referred to article 6 (1) (a) of ILO Convention No. 169 and article 19 of the Declaration on the Rights of Indigenous Peoples. The Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Racial Discrimination have also urged States to obtain the consent of indigenous peoples in relation to extractive industry projects.25 37. Other international instruments also recognize the importance of free, prior and informed consent in the context of decision-making by indigenous peoples. For example, the Akwe: Kon guidelines for the implementation of article 8j of the Convention on Biological Diversity26 and the programme of work on protected areas adopted by the Conference of the Parties to the Convention in 200427 recognize free, prior and informed consent as being of fundamental importance in the context of protection of the traditional knowledge and intellectual property of indigenous peoples, and resettlement in the establishment of protected areas. 38. At the regional level, the draft American declaration on indigenous peoples contains a similar clause to article 32 of the Declaration on the Rights of Indigenous Peoples, requiring free, prior and informed consent for any plan, programme or proposal affecting the rights or living conditions of indigenous peoples. Importantly, the Inter-American Court of Human Rights, in relation to mining on the lands of the indigenous Saramaka people in Suriname, stated that “regarding large-scale development or investment projects that would have a major impact within Saramaka territory, the State has a duty not only to consult with the Saramakas, but also to obtain their free, prior, and informed consent, according to their customs and traditions”.28 39. The evolving policies of international financial institutions and development agencies, moreover, reflect the importance of the principle of free, prior and informed consent. The environmental and social policy adopted by the European Bank for Reconstruction and Development, recognizes that, for the rights of indigenous peoples to be upheld, enabling them to engage in partnerships where they so choose, their free, prior and informed consent must be obtained.29 The Asian Development Bank has also recently revised its policy in relation to indigenous peoples. The draft of the Safeguard Policy issued in October 2008 includes the requirement to obtain free, prior and informed consent in relation to projects involving “commercial development of natural resources on lands used by indigenous peoples with impacts on the livelihood, or cultural, ceremonial, or spiritual uses that define the identity and community of indigenous peoples”.30 24 25 26 27 28 29 30 Para. 37. See E/C.12/1/Add.100, para. 12, E/C.12/1/Add.74, para. 12 and CERD/C/62/CO/2, para. 16. Akwe: Kon. Voluntary guidelines for the conduct of cultural, environmental and social impact assessments regarding developments proposed to take place on, or which are likely to impact on, sacred sites and on lands and waters traditionally occupied or used by indigenous and local communities (2004), available at www.cbd.int/doc/publications/akwe-brochure-en.pdf (accessed 7 May 2010). Decision VII/28. Saramaka People v. Suriname, series C No. 172, 28 November 2007, para. 134. European Bank for Reconstruction and Development, Environmental and Social Policy, May 2008, available from http://www.ebrd.com/downloads/research/policies/2008policy.pdf (accessed 5 August 2010). Asian Development Bank, Safeguard Policy Statement (second draft), October 2008, pp. 11–12, 19. 11