GUIDELINES FOR IMPLEMENTING THE RIGHT OF INDIGENOUS PEOPLES TO FREE, PRIOR AND INFORMED CONSENT particularly in connection with the development, utilisation or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact” (Art. 32). Full achievement of the goal of consulting Indigenous Peoples is reflected in the consent of those consulted. Article 6, number 2 of ILO Convention 169 expresses it in this way: The consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures. While acknowledging the different legal significance of International Conventions and Declarations, there nevertheless is a distinction between the ILO requirement of consultations 'with the objective of achieving agreement or consent' and the Declaration's requirement for consultations 'in order to obtain consent' - the obligation under the former is realized if a good faith consultation aimed at achieving consent is conducted, regardless of whether or not consent is obtained, provided the rights affirmed under the Convention are respected. The obligation implied under the latter is different in that the State is consulting in order to obtain consent. If it fails to obtain consent it is not clear from the wording that it has met with the intent of the provision, and that it can consequently precede irrespective of the outcome of the consultation. The framing of the requirement in light of the right to self-determination recognized in the Declaration adds additional weight to the requirement for respect for the outcomes of consultations held 'in order to obtain consent'. The word consent is defined as the action and effect of consenting; from the Latin “consentiré”, from cum, with, and sentiré, to feel; to share the same sentiment, idea. To allow something or agree that it be done. It is the manifestation of approving will between the offer and the act of acceptance, and one of the essential requirements set by the codes for contracts (Cabanellas, 2006). 4 4 Cabanellas, Guillermo. Diccionario Jurídico Elemental. Editorial Heliasta. Buenos Aires. 1 April 2006. (in Spanish) 10

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