A/67/301 and informed consent, or approval and involvement of indigenous and local communities be obtained, but adds “where they have the established right to grant access to such resources” (article 6.2). Concern has been expressed that the reference to established rights in accordance with domestic legislation in these articles could be interpreted to suggest that the rights of indigenous peoples to genetic resources can only be established by domestic law, not international law. 61. In any case, the Nagoya Protocol certainly provides some measure of protection for indigenous peoples against the misappropriation of genetic resources and ratification of the Protocol is moving forward. Current discussions are focused on, among other issues, ensuring indigenous participation and the incorporation of customary procedures within the “access and benefit-sharing clearing house” established under article 14, which will serve as the place for sharing information related to access and benefit-sharing by parties to the Protocol. Indigenous peoples are also participating in discussions to develop measures to establish and strengthen mechanisms to address non-compliance at the domestic level. The Special Rapporteur will watch with interest to see how this process develops and how the provisions of the Nagoya Protocol are actually implemented, with the hopeful expectation that they will be implemented in harmony with the Declaration on the Rights of Indigenous Peoples. 5. United Nations Framework Convention on Climate Change 62. Indigenous peoples typically depend heavily on the natural resources in their traditional territories and, as a result, are directly affected by environmental degradation. Being among those most affected by climate change, indigenous peoples have for years been demanding greater protection of their human rights in the context of international discussions on climate change and for their effective participation in those discussions, in accordance with the principles of the Declaration on the Rights of Indigenous Peoples. 63. Central to international efforts to tackle climate change is the United Nations Framework Convention on Climate Change, which was opened for signature, along with the other so-called Rio Conventions (the United Nations Convention on Biological Diversity and the United Nations Convention to Combat Desertification in Those Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa) during the United Nations Conference on Environment and Development, also known as the Earth Summit, in Rio de Janeiro, Brazil, in June 1992. During the third Conference of the Parties to the Framework Convention on Climate Change in 1997, and following extensive debates, the Kyoto Protocol was adopted, by which a number of industrialized countries committed themselves to decreasing their greenhouse gas emissions in accordance with legally binding targets. 64. Over the past decade or so, representatives of indigenous peoples have been active in meetings related to the Convention, typically participating in the annual sessions of the Conference of the Parties to the Convention. During the discussions at these meetings, they have advocated for the development of a human rights-based approach to climate change and respect for the rights enshrined in the Declaration on the Rights of Indigenous Peoples. They have also lobbied for the establishment of an expert body to provide technical and advisory assistance on issues affecting 16 12-46087

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