Mexico,195 Nicaragua,196 Paraguay,197 Peru198 and Venezuela,199 refer to the importance of consultation or of communal property. In addition, several domestic courts of States of the region National Historic Preservation Act, 16 USC §§ 470(a)(d)(6)(B) and 470(h) (1992); the National Environmental Policy Act (NEPA); the 1990 Native American Graves Protection and Repatriation Act § 3(c), and the American Indian Religious Freedom Act. See also Executive Order 12875 (1993) which stipulated that the Federal Government must consult Tribal Communities on issues that may significantly affect them; Executive Order 13007 (1996) which stipulated that federal agencies must allow access to sacred sites and avoid actions that harm the integrity of these places; and Executive Order 13175 (2000), which established a Government policy requiring that regular consultations be carried out with communities before implementing federal policies that affect them. 195 The Constitution of the United Mexican States provides that “[t]he Federal Government, the states, and the municipalities, in order to promote equal opportunities for indigenous people and eliminate any discriminatory practices, shall establish the institutions and determine the necessary policies to ensure the exercise of indigenous rights and the integral development of their peoples and communities, and these shall be designed and operated in conjunction with them: […] IX. Consult indigenous peoples when drafting the National Development Plan and those of states and municipalities and, as appropriate, incorporate their recommendations and proposals” (Title I, Chapter 1, article 2.B.IX). See also, Law of the National Commission for the Development of Indigenous Peoples of May 21, 2003, the Planning Law of June 13, 2003; General Law on the Linguistic Rights of Indigenous Peoples of March 13, 2003. In addition, several Mexican states have promulgated legislation relating to prior consultation: Law on Indigenous Consultation for the State and Municipalities of San Luis Potosí of July 8, 2010; Law on the Rights, Culture and Organization of Indigenous Peoples and Communities of the State of Campeche of June 15, 2000; General Law on Indigenous Peoples and Communities of the State of Durango of July 22, 2007; Law on the Rights and Culture of Indigenous Peoples and Communities of the State of Querétaro of July 24, 2009; Law on Indigenous Rights and Culture of the State of Chiapas of July 29, 1999; Regulations of the Law on Rights, Culture and Development of Indigenous Peoples and Communities of the State of Puebla of July 22, 2011; Law for the Promotion and Development of the Rights and Culture of the Indigenous Peoples and Communities of the State of Morelos of January 18, 2012; Law on Indigenous Rights and Culture of the State of Nayarit of December 18, 2004; Article 9 of the Constitution of the State on Indigenous Rights and Culture of September 13, 2003, Constitution of the Free and Sovereign State of San Luis Potosí of July 11, 2003; Law on Indigenous Rights and Cultures of the State of Veracruz de Ignacio de la Llave of November 3, 2010; Law on the Rights and Development of Indigenous Peoples and Communities of the State of Jalisco of January 11, 2007; General Law on Indigenous Peoples and Communities of the State of Durango of July 22, 2007; Law No. 701 Recognition of the Rights and Culture of Indigenous Peoples and Communities of the State of Guerrero of April 8, 2011; Law on Indigenous Rights and Culture of the State of Baja California of October 26, 2007; Constitution of the Free and Sovereign State of Chihuahua, article 64; Constitution of the State of Durango, February 22, 2004; Constitution of the Free and Sovereign State of Jalisco of April 29, 2004; Law on Indigenous Rights and Culture of the State of Mexico of September 10, 2002; Constitution of the Free and Sovereign State of Puebla of December 10, 2004; and the Law on Indigenous Rights, Culture and Organization of the State of Quintana Roo of November 20, 1996. 196 The Constitution of the Republic of Nicaragua states that “[t]he Communities of the Atlantic Coast […] have the right to preserve and develop their cultural identity within national union; establish their own forms of social organization and manage their affairs according to local traditions.” Furthermore, it indicates that the State “recognizes the communal forms of land ownership of the communities of the Atlantic Coast. It also recognizes the enjoyment and use of the waters and forests of their communal lands” (Title IV: Rights, Duties and Guarantees of the Nicaraguan People, Chapter VI: Rights of the Communities of the Atlantic Coast, article 89). In addition, “the State shall guarantee these communities the enjoyment of their natural resources, the effectiveness of their forms of communal property, and the free election of their authorities and representatives.” (Title IX: Political and Administrative Division, Chapter II: Communities of the Atlantic Coast, article 180). In addition, article 3 of the Law on the communal property regime of the indigenous peoples and ethnic communities of the autonomous regions of the Atlantic coast of Nicaragua and of the Bocay, Coco, Indio and Corn rivers, stipulate that consultation consists of the “delivery of technical information regarding the operation or the project, followed by a process of discussion and a decision thereon, during which communities shall have translators to translate what has been said during this process into their languages and be assisted by experts in the field.” 197 Article 64 of the 1992 Constitution of Paraguay establishes that indigenous peoples “have the right to communal ownership of land of sufficient extent and quality to conserve and lead their distinctive ways of life.” 198 The 2011 Law on the right to prior consultation of indigenous or tribal peoples recognized in ILO Convention No. 169, establishes, inter alia, that the right to prior consultation “[i]s the right of the indigenous or tribal peoples to be consulted in advance on legislative or administrative measures that directly affect their collective rights, physical existence, cultural identity, quality of life or development,” and that “[c]onsultation shall also be conducted on national and regional development plans, programs and projects that directly affect these rights” (article 2). See also General Environmental Law No. 28611, article 72.2 and Executive Decree 012-2008-EM, “Regulations on Citizen Participation for the Implementation of Hydrocarbon Activities,” article II: Purpose and Nation of the Participation. 199 Article 120 of the 1999 Constitution of the Bolivarian Republic of Venezuela establishes that “State exploitation of natural resources in indigenous habitats shall be undertaken without harming their cultural, social and economic integrity and, also, is subject to prior information and consultation with the indigenous communities concerned. The benefits of this exploitation for the indigenous peoples are subject to the Constitution and law.” Meanwhile, article 11 of the Organic Law on Indigenous Peoples and Communities of December 8, 2005, provides that “[a]ny activity that could directly or indirectly affect indigenous peoples and communities must be consulted with the indigenous peoples and communities involved. The consultation shall be conducted in good faith, taking into account their language and spiritual views, respecting the particular 42