A/HRC/21/55 territories and resources of indigenous peoples, they should pay special attention to risks of adverse impacts on the rights of indigenous peoples, with a view to prevent or mitigate such risks and effectively address adverse impacts that do occur. In particular, if enterprises in extractive industries are not able to prevent or mitigate such risks or address impacts, including infringements on the right of indigenous peoples to participate in decisionmaking, when operating in the context of their lands, territories or resources, the activities should not proceed. Thus, there is an onus on business enterprises in their assessments and own stakeholder engagement processes to ensure that indigenous peoples have participated in decision-making in relation to the proposed or ongoing extractive activities consistently with their rights, outlined below. (ii) Jurisprudential basis for the right of indigenous peoples to consultation 11. The human rights treaty bodies have reiterated on numerous occasions the right of indigenous peoples to consultation in the context of extractive enterprises. 7 (iii) When the duty to consult with indigenous peoples arises 12. As the Special Rapporteur on the rights of indigenous peoples has noted, special processes to consult with indigenous peoples may not be strictly necessary in relation to all State decisions that may affect them, but instead “whenever a State decision may affect indigenous peoples in ways not felt by others in society…even when the decision may have a broader impact” (A/HRC/12/34, para. 43). The appropriate starting point from which to make this assessment is the perspective of indigenous peoples on the potential broader impact, as noted in advice No. 2. 13. To meet this duty, States would be well advised to establish permanent mechanisms to assess when and how indigenous peoples should be consulted consistent with international standards. (iv) Design of the procedures to consult with indigenous peoples 14. Indigenous peoples should be engaged at all stages in the design of appropriate consultation mechanisms.8 Consultation with indigenous peoples in relation to proposed extractive activities should begin at the earliest stages of the planning process, including its proposal and design.9 7 8 9 See, inter alia, concluding observations of the Committee on the Elimination of Racial Discrimination: CERD/C/304/Add.76, para. 16; CERD/C/ECU/CO/19, para. 16; CERD/C/COD/CO/15, para. 18; CERD/C/USA/CO/6, paras. 19 and 29; CERD/C/NIC/CO/14, para. 21; CERD/C/NGA/CO/18, para. 19; CERD/C/GTM/CO/12-13, para. 11; and decision 1 (68) (United States of America). Human Rights Committee concluding observations CCPR/CO/80/COL, para. 20; communication No. 1457/2006, Poma Poma v. Peru, Views adopted on 24 April 2009. Committee on Economic, Social and Cultural Rights concluding observations E/C.12/1/Add.74, para. 33; E/C.12/CO/MEX/4, para. 28; and E/C.12/IND/CO/5, para. 31. The issue of consultation with indigenous peoples has also been addressed during the Human Rights Council‟s universal periodic review (A/HRC/16/6, para. 69.32). Guiding Principles on Business and Human Rights, principle 18. International Finance Corporation (IFC) Performance Standard 7: Indigenous Peoples (effective 1 January 2012), para. 11. The Inter-American Court of Human Rights clarifies that consultation is not only necessary “when the need arises to obtain approval from the community”. Inter-American Court of Human Rights, Saramaka People v. Suriname, Judgement of 28 November 2007, para. 133. 17