203. In this case, the Court has found it proved that the oil company attempted to negotiate directly with some members of the Sarayaku People, without respecting their form of political organization. In addition, the State has acknowledged the fact that it was not the one who “sought an understanding,” but rather the oil company itself. Thus, the position maintained by the State before this Court reveals that it sought to delegate de facto its obligation to carry out a prior consultation to the private company that was interested in exploiting the oil in the subsoil of the Sarayaku territory (supra para. 199). Accordingly, the Court considers that the actions carried out by the CGC cannot be construed as an appropriate and accessible consultation. d) Environmental Impact Assessment 204. In relation to the obligation to conduct environmental impact assessments, article 7(3) of ILO Convention No. 169 states that “Governments shall ensure that, whenever appropriate, studies are carried out, in co-operation with the peoples concerned, to assess the social, spiritual, cultural and must be taken into consideration. […] if this is not taken into account, it will be impossible to comply with the fundamental requirements of prior consultation and participation.” 269 The Guatemalan Constitutional Court has observed that prior consultation means that it must be “in keeping with the inherent characteristics of each nation, a process of information, participation and dialogue with members of their communities with genuine representativeness, aimed at reaching agreements on the measures that it is planned to implement” (December 21, 2009, Appeal against amparo judgment, Case file 3878-2007, V.). The Colombian Constitutional Court has ruled that “the participation of the indigenous communities in decisions that may affect them in relation to the exploitation of natural resources […] becomes a basic instrument to preserve the ethnic, social, economic and cultural integrity of the indigenous communities and, therefore, to ensure their survival as a social group” and that, in this way, “participation does not merely become an intervention in administrative actions to ensure the right to defense of those who may be affected, […] but has a greater significance given the important interests that it seeks to protect, such as those involving the definition of the fate and safety of the survival of the said communities” (judgment SU-039/97). See also, the Ecuadorian Constitutional Court, Case of the Huaorani Nationalities Organization, CONAIE v. AGIP OIL ECUADOR B.V. (00542003-RA), judgment of July 3, 2003, and judgment No 001-10-SIN-CC, Cases Nos. 0008-09-IN and 0011-09-IN, judgment of March 18, 2010, page 53: “The specific parameters defined by the ILO that must be taken into account are: (a) The flexible nature of the consultation process, according to the domestic law of each State and the traditions and customs of the peoples consulted […] (d) The recognition that consultation does not end with merely providing information or public dissemination of the measure; according to ILO recommendations, consultation must be a systematic process of negotiation that entails a genuine dialogue with the legitimate representatives of the parties; […] (i) Respect for the social structure and the systems of authority and representation of the peoples consulted. The consultation procedure must always respect the internal processes as well as the decision-making practices and customs of the different peoples consulted […].” 270 Cf. Peru: Law on Prior Consultation of September 6, 2011, article 4.2: “Intercultural nature. The consultation process shall be undertaken recognizing, respecting and adapting to the differences existing between the cultures and contributing to the recognition of the value of each one”; article 4.4: “Flexibility. The consultation process shall be undertaken using procedures that are appropriate to the type of legislative or administrative measure to be adopted, taking into account the special circumstances and characteristics of the indigenous or original peoples involved”; article 4.5: “The consultation process shall be undertaken observing reasonable time frames that allow the representative institutions or organizations of the indigenous or original peoples to become acquainted with, discuss, and make specific proposals on the legislative or administrative measure subject to consultation”; the 2009 Constitution of Bolivia, article 304: “The original autonomous rural indigenous peoples may exercise the following exclusive competences […] 21: Participate in, establish and implement mechanisms for prior, free and informed consultation, relating to the application of legislative, executive and administrative measures that affect them.” See also Ecuador: Citizen Participation Act, Official Record No 175 (supplement) , April 20, 2010, article 81, and Mining Act, Official Record 51 of January 29, 2009, article 90: “The processes of citizen participation or consultation shall provide a special mandatory procedure for the communities, peoples and nationalities, based on the principle of legitimacy and representativeness, through their institutions for those cases in which mining exploration or exploitation will be carried out on their ancestral lands and territories and when these activities may affect their interests.” Similarly, the Colombian Constitution: “Paragraph: […] In the decisions taken regarding the said exploitation, the Government shall promote the participation of representatives of the respective communities.” Likewise, in Venezuela, article 13 of the Organic Law on Indigenous Peoples and Communities of December 8, 2005, stipulates that “[a]ny activity or project that it is intended to develop or execute on the territories and lands of indigenous peoples and communities shall be presented to indigenous peoples or communities concerned in the form of a proposal, so that, in a meeting, they may decide the extent to which their interests may be prejudiced and the necessary mechanisms that must be adopted to guarantee their protection. The decision shall be taken according to their practices and customs […].” In Nicaragua, article 3 of Law 445 of January 23, 2003, establishes that “[…] consultation [is] the expression and provision of technical information on the operation or project, followed by a process of discussion and decision making, during which the communities shall have translators who shall translate everything said during this process into their languages and be assisted by technicians in the field […].” 58