201. This Court has established in other cases that consultations with indigenous peoples must be undertaken using culturally appropriate procedures; in other words, in keeping with their own traditions.263 For its part, ILO Convention No. 169 provides that “governments shall […] consult the peoples concerned, through appropriate procedures and in particular through their representative institutions,”264 and take “measures […] to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means,” taking into account their linguistic diversity, particularly in those areas where the official language is not spoken by a majority of the indigenous population.265 202. Similarly, the ILO Committee of Experts on the Application of Conventions and Recommendations has indicated that the expression “appropriate procedures” should be understood with reference to the purpose of the consultation, and that therefore there is no single model for an appropriate procedure, which should “take into account the national circumstances and those of the indigenous peoples, as well as [, contextually,] the nature of the measures under consultation.266 Thus, such procedures must include, in keeping with systematic and pre-established criteria, the different forms of indigenous organization, provided these respond to the internal processes of these peoples.267 Appropriateness also implies that the consultation has a temporal dimension, which again depends on the specific circumstances of the proposed action, taking into account respect for indigenous forms of decision-making.268 In this regard, the case law269 and domestic legislation of various States refer to the need to carry out appropriate consultations.270 263 Cf. mutatis mutandi, Case of the Saramaka People v. Suriname, Preliminary objections, merits, reparations and costs, para. 130 264 ILO Convention No. 169, article 6(1)(a). Similarly, article 30(2) of the United Nations Declaration of the Rights of Indigenous Peoples stipulates that “States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.” 265 Cf. ILO Convention No. 169, article 12. For its part, the United Nations Declaration of the Rights of Indigenous Peoples estblishes in Article 36(2) that “States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.” 266 ILO, Report of the Committee set up examine the representation alleging non-observance by Brazil of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under Article 24 of the ILO Constitution by the Federal District Engineers Union (SENGE/DF), GB.295/17; GB.304/14/7 (2006), para. 42. The Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples has added that “international standards do not impose preestablished criteria for creating bodies and mechanisms to implement the requirement of consultation, which must respond to the particular characteristics and constitutional systems of each country. However, it can be understood that the gradual establishment of such bodies and mechanisms is one of the duties derived from the ratification of Convention No. 169 and other international norms, taking into account the minimum requirements of good faith, adaptation and representation mentioned previously. Where such mechanisms do not formally exist, transitory or ad hoc mechanisms must be adopted with a view to the effective exercise of indigenous consultations” (para. 37). Furthermore, the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples stated that the “appropriate nature of the consultation with indigenous communities through their representative institutions does not respond to a univocal formula but depends to a great extent on the scope or sphere of the specific measure which is the object and ultimate goal of the consultation.” Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, James Anaya, October 5, 2009, A/HRC/12/34/Add.6, Appendix A, para. 28 267 Report of the Committee set up examine the representation alleging non-observance by Mexico of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under Article 24 of the ILO Constitution by the Authentic Workers Front (FAT) GB.283/17/1 (2001), para. 109. Similarly, the Report of UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, states that “[i]n light of these essential criteria of representativeness, it can be stated that they: (i) are contextually dependent on the scope of the measures to be consulted; (ii) must abide by systematic and pre-established criteria; (iii) must include different forms of indigenous organization, provided that these are consistent with the internal processes of these peoples; and (iv) based on principles of proportionality and non-discrimination, must respond to a range of identity, geographic and gender perspectives.” Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, James Anaya, October 5, 2009, A/HRC/12/34/Add.6, Appendix A, para. 31 268 Report of the Committee set up examine the representation alleging non-observance by Colombia of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), made under Article 24 of the ILO Constitution by the Unitary Workers Union (CUT), GB.276/17/1; GB.282/14/3 (1999), para 79. Similarly, see the Report of the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous peoples, James Anaya, October 5, 2009, A/HRC/12/34/Add.6, Appendix A, para. 33. In addition, “the time required by the country’s indigenous communities to carry out their decision making processes and to participate effectively in the decisions taken in a manner adapted to their cultural and social models 57