A/HRC/21/55 (a) Ensures the effective participation of members of the indigenous peoples, in conformity with their customs and traditions, regarding any development, investment, exploration or extractive plan;22 (b) Guarantees that the indigenous peoples will receive reasonable benefit from any such plan within their territory; (c) Ensures that no concession will be issued within indigenous peoples‟ territory unless and until independent and technically capable entities, with the State‟s supervision, perform a prior environmental and social impact assessment. D. Conclusion 1. Practical advice for States on how to meet their obligations to consult and seek the consent of indigenous peoples in the context of extractive industry 39. The Expert Mechanism advises States to establish, together with indigenous peoples, (permanent) mechanisms23 to enable consultation with indigenous peoples which can provide guidance on: (a) When the context requires consultations with indigenous peoples in line with the present advice; (b) How to reach indigenous peoples; (c) Identifying the representatives with which consultation should take place; (d) How to ensure an independent assessment of consultation practices; (e) How to undertake the requisite environmental and social impact studies associated with proposed and ongoing extractive activities; (f) Providing translation and interpretation services so that information relevant to indigenous peoples‟ decisions and interests can be provided for indigenous peoples in an understandable way; (g) Enabling indigenous peoples to obtain expert independent and technical assessments of the potential impact of extractive activities on them, including on their lives, lands and territories; (h) How to ensure that indigenous peoples‟ perspectives on the extractive activity are taken into account, including their ideal benefit-sharing arrangements if they so choose; (i) How to ensure that the permitting and monitoring boards of State corporations and extractive enterprise include indigenous peoples‟ representation and 22 23 22 This is consistent with the decision of the Human Rights Committee in communication No. 547/1993, Mahuika et al. v. New Zealand, Views adopted on 27 October 2000, where the Committee stated that “the acceptability of measures that affect or interfere with the culturally significant economic activities of a minority depends on whether the members of the minority in question have had the opportunity to participate in the decision-making process in relation to these measures and whether they will continue to benefit from their traditional economy” (para. 9.5). The Special Rapporteur on the rights of indigenous peoples has stated that “One excellent way to ensure that companies respect indigenous peoples‟ right to participate in decisions concerning the measures affecting them is to establish permanent institutional fora for consultation and dialogue, in which the peoples and communities concerned, companies and local authorities are appropriately represented” (A/HRC/15/37, para. 69).