A/HRC/21/55 (ii) Provision of information 32. As stated by the Inter-American Court of Human Rights:15 (a) Information must be provided and accepted also; (b) Indigenous peoples must be informed of the possible risks, “including environmental and health risks, in order that the proposed development or investment plan is accepted knowingly and voluntarily”. (iii) Ongoing communication 33. The duty to consult with indigenous peoples “entails constant communication between the parties”.16 (iv) Culturally appropriate procedures 34. Consultation procedures should be culturally appropriate for the indigenous peoples concerned;17 information sharing is required during the planning stages of the consultation process. In addition, consultation should take into account the indigenous peoples‟ traditional methods of decision-making.18 (v) Good faith 35. 2. Consultations must be undertaken in good faith. 19 The need for independence in the assessment of the potential scope and impact of extractive activities on indigenous peoples, their lives and territories 36. The interests of indigenous peoples and those of the State and business in extractive activities may not align, complicating the capacity of the State and business to assess and evaluate the impact of extractive activities on indigenous peoples. Thus, it is advisable to ensure independent assessments of the potential scope and impact of extractive activities on indigenous peoples, their lives and their lands, territories and resources. 20 Limitations on indigenous peoples’ rights relating to their lands, territories and resources 3. 37. Participation is relevant to an assessment of the degree to which States may limit indigenous peoples‟ rights in relation to their lands, territories and resources. 38. In accordance with the decision of the Inter-American Court of Human Rights in Saramaka People v. Suriname,21 limitations on indigenous peoples‟ rights to their resources are permissible only where the State: 15 16 17 18 19 20 21 Saramaka People v. Suriname (note 9 above), para. 133. Ibid. Ibid. Ibid. Ibid. See also A/HRC/12/34. IFC similarly holds that where free, prior and informed consent is necessary, “the client will engage external experts to assist in the identification of the project risks and impacts” (Performance Standard 7, para. 11). Note 9 above, para. 129. 21