A/HRC/39/37 Peoples. OHCHR provided expert guidance to key stakeholders on the practical application of indigenous peoples’ requirement for free, prior and informed consent in order to enable meaningful participation by indigenous peoples in the context of large-scale projects and economic interests over indigenous lands, territories and natural resources. 7. For example, the OHCHR Regional Office for Central America has played an important role in the establishment of the national mechanism for consultation with indigenous peoples in Costa Rica via a presidential decree issued in March 2018. OHCHR provided technical advice to the Government and the eight indigenous peoples of Costa Rica, in order to ensure compliance with the international standards on human rights and in particular with the United Nations Declaration on the Rights of Indigenous Peoples and the recommendations issued by international human rights mechanisms. 8. During the process that led to the establishment of the national mechanism, the Regional Office, together with the International Labour Organization (ILO) and the United Nations Development Programme (UNDP), supported the various phases of the process by organizing workshops in the 24 territories of the country, helped generate broad participation in all the indigenous territories, including by older people, women and young people, and contributed to facilitating the dialogue between the Government and indigenous peoples. The Regional Office also facilitated the organization of two national meetings that were attended by more than 100 indigenous representatives, and contributed to the process of drafting the decree to ensure that it complied with international human rights standards. 9. The OHCHR office in Colombia supported the elaboration and implementation of protocols for consultation and negotiation with third parties and the realization of processes for free, prior and informed consent, including with the Arhuaco people of the Sierra Nevada de Santa Marta for the protection of their ecosystem; and with the Nasa people in northern Cauca in relation to the La Salvajina hydroelectric dam as well as to the demobilized members of the Revolutionary Armed Forces of Colombia — People’s Army (FARC-EP) in the ancestral territory of the Nasa people. 10. The country office is also working on free, prior and informed consent processes with the 15 indigenous peoples of the Putumayo region — 13 of whom have been recognized by the Constitutional Court of Colombia as risking physical and cultural extermination. 11. The OHCHR office in Guatemala monitored the case of the El Escobal mining project, owned by the Canadian company Tahoe Resources. In June 2017, an injunction issued by the Supreme Court of Justice suspended the mine’s activities and ruled that the State must “restore the violated constitutional rights of the indigenous Xinca community of the departments of Santa Rosa and Jalapa”. The injunction also instructed the Ministry of Energy and Mines to carry out a consultation process within 12 months. The decision was appealed to the Constitutional Court. In this context, the OHCHR office documented cases of human rights violations and provided technical assistance to the communities concerned. 12. The country office expressed concern to the Government over a draft bill on consultation, presented to Congress in April 2018, which focused only on the obligation to comply with the Indigenous and Tribal Peoples Convention, 1989 (No. 169) without referring to other relevant international standards. The bill was drafted without the participation of indigenous peoples. 13. The OHCHR office in Mexico worked on emblematic cases relating to free, prior and informed consent, providing technical assistance to indigenous communities, authorities, civil society and private companies to monitor ongoing processes. It carried out several missions to follow up on consultation processes, including in the central valleys of Oaxaca where 16 indigenous communities were affected by a presidential decree limiting their access to water. The office is also following up on similar consultation processes in the community of Unión Hidalgo, Oaxaca, related to a wind park project; with Mayan communities in the State of Campeche in relation to the planting of transgenic soy, in collaboration with UNDP and the Food and Agriculture Organization of the United Nations (FAO); and with other Mayan communities in the State of Yucatán for the construction of a wind park and for a solar energy project. The office also participates as an observer in the 3

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