such consents and the onus is always on the consultation experts to determine whether the consents are full, free and prudent. It is important to have an enabling and protective national legal environment for consultations. People must not be at risk of prosecution for anything they might say, and it is necessary to verify that the relevant criminal or other laws, such as laws on libel, defamation and slander, pose no such risk. In some countries it may be necessary to review the scope and application of laws on treason, lese-majesty and other offences against the State. Similarly, the application of laws that govern assembly and movement should be reviewed. The risk of falling foul of the law will be exacerbated during a period of national emergency, when some human rights may have been suspended. Generally, the extent to which a national consultation process will require legislative amendment to address such issues should be assessed. In rare cases it may be necessary to erect new legal protections that specifically address the threats and risk to consultees and other participants in a transitional justice process. In Colombia, the Government was ordered, by means of a judicial finding, to put in place such a protection programme. Protection programmes need to be well resourced, supported by the political leadership and designed to be preventive rather than reactive. The risk of harm is all the more evident when the extent to which consultations touch on issues of what may actually have happened in the past is considered. As mentioned above, even though consultations should be distinguished from the forms of discussion and debate that occur as a substantive part of a transitional justice programme, this engagement is usually inevitable. It must be handled with great care in order to protect the best interests of the consultees and not to compromise the broader transitional justice programme. There is a substantial risk in any consultation process that misplaced or unrealistic expectations will be raised. This is a cause of harm and hurt to consultees and can also tarnish the credibility of the overall transitional justice project. Consultation experts can mitigate the risks through their sensitization efforts and the very clear and careful presentation of the purpose of each activity and the use to which its results will be put. 25