GUIDELINES FOR IMPLEMENTING THE RIGHT OF INDIGENOUS PEOPLES TO FREE, PRIOR AND INFORMED CONSENT have already been made and, thus, the result of the consultation is irrelevant, then the consultation is not in good faith.51 These four key requirements for the consent of Indigenous Peoples - to be free, to be prior, to be informed, and to have been reached in good faith - are indivisible and inseparable. They must be achieved as whole, and they can only be substantial in that way. In the context of foresting a climate of mutual trust, which is a pre-requisite for good faith consultations, Indigenous Peoples must be provided with the opportunity to agree and formulate their own conceptions of FPIC, and if they so choose document these in the form of FPIC protocols or policies. In addition to addressing the procedural dimension of FPIC they may also wish to strengthen existing, or establish new, structures through which they engage with the State and other third parties in FPIC processes. The development of these protocols or policies should ideally occur in a context where there are no imminent threats arising from proposed measures. The formal recognition of Indigenous Peoples' land, territory and resource rights is a further pre-requisite for the establishment of a climate within which meaningful good faith consent seeking engagement can occur. In addition, given that consent is a safeguard for Indigenous Peoples right to self-determined development they must be in a position to consider the alternative development options available to them prior to making a determination. In the context of extractive project this necessitates prior participation of Indigenous Peoples in the formulation of developmental strategies and policies pertaining to potential extractive industry operations in their territories. For the right to development as recognized under Art 7 of C169 and Article 32(1) of the UNDRIP to be realized in practice, adequate provision of information on alternative developmental options available to Indigenous Peoples prior to a consultation on a particular developmental option, such as an extractive project, should be guaranteed. In addition there should be sufficient prior capacity building so that communities are in a position to assess and contrast these alternative developmental options and paradigms, and Indigenous Peoples should have the opportunity to formulate their own development plans should they so choose. 51 For example, the Protocol for the Participatory Consultation of the indigenous peoples of TIPNIS (March 24, 2012) establishes that one of the objectives of the consultation is to establish the best possible conditions for the construction of Bolivia's first ecological highway…, which shows that the decision to create a road had already been adopted by the Bolivian State and the process of consultation being conducted would have no other purpose than to validate said decision in the communities. 40

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