A/HRC/30/53 are established in the territories of indigenous peoples without their free, prior and informed consent.19 42. International Finance Corporation performance standard 7 on indigenous peoples states that “where a project may significantly impact on critical cultural heritage that is essential to the identity and/or cultural, ceremonial, or spiritual aspects of Indigenous Peoples’ lives, priority will be given to the avoidance of such impacts. Where significant project impacts on critical cultural heritage are unavoidable, the client will obtain the FPIC of the Affected Communities of Indigenous Peoples” (para. 16). The adoption of this standard by a corporation that supports investments globally is significant and indicates that human rights obligations are not limited to the public sector. Nonetheless, it has been widely observed that the requirements of participation and consultation, and in particular the requirement to obtain the free, prior and informed consent of indigenous peoples, are not yet properly implemented and respected at the international level. 43. Some questions have also been raised with regard to the rights of women in the implementation of the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage. The Special Rapporteur in the field of cultural rights stressed that article 13 (d) (ii) of the Convention, according to which access to cultural heritage should be ensured “while respecting customary practices governing access to specific aspects of such heritage”, cannot be interpreted as permitting gender-based discrimination. Distinctions must not lead to indirect or structural discrimination against women and girls (A/67/287, para. 63). 44. Since its inception, the WIPO Intergovernmental Committee has been trying to support an inclusive approach to promote the direct involvement of all stakeholders, especially indigenous peoples and local communities. During all its sessions, indigenous peoples may intervene on any issue on the agenda and make draft proposals, which could be incorporated into the text under discussion if supported by at least one member State. In 2005, the WIPO General Assembly established a voluntary fund to facilitate the participation of accredited indigenous peoples and local communities. Through this mechanism, representatives of more than 80 indigenous peoples and local communities worldwide have received funding to participate in sessions of the Intergovernmental Committee. B. Participation at the national level 45. In its general comment No. 21, the Committee on Economic, Social and Cultural Rights emphasized that States had an obligation to allow and encourage the participation of indigenous peoples in the design and implementation of laws and policies that affect them.20 In particular, States parties should obtain their free, prior and informed consent when the preservation of cultural resources, especially those associated with their way of life and cultural expression, are at risk. This includes decisions to classify their territories under the label of Cultural or Natural Heritage Sites. 46. The Special Rapporteur in the field of cultural rights has stressed that concerned communities and individuals should be consulted and be able to actively participate in the process of identification, selection, classification, interpretation, preservation/safeguard, stewardship and development of cultural heritage. Furthermore, States have the duty not to 19 20 12 Resolution WCC-2012-Res-047 on Implementation of the United Nations Declaration on the Rights of Indigenous Peoples in the context of the UNESCO World Heritage Convention. See the Committee’s general comment No. 21 (2009), para. 55 (e).