A/67/301 52. Certain fundamental aspects of the negotiations likewise remain unresolved. It is yet to be determined whether they will result in three distinct instruments on genetic resources, traditional knowledge and traditional cultural expressions, or if there will be one instrument addressing all three areas. Similarly, there is yet to be agreement as to the nature of the instrument(s), chiefly whether it or they will be legally binding. In July 2012, the Committee concluded a session on the most recent draft text of an international legal instrument on the protection of traditional cultural expressions, which is to be transmitted as a “work in progress” to the WIPO General Assembly in October 2012. Texts on genetic resources and traditional knowledge have also previously been transmitted to the General Assembly for consideration. 53. In the past decade, the Committee has made concerted efforts to improve the participation of indigenous peoples and local community representatives in its work, including a fast-track accreditation procedure for observers, many of whom represent indigenous and local communities. Furthermore, prior to each session of the Committee, indigenous peoples and local community representatives participate in a pre-session panel financed by WIPO. In 2005, WIPO created the Voluntary Fund for Accredited Indigenous and Local Communities, which facilitates the attendance of indigenous peoples at meetings. 54. Nonetheless, indigenous peoples raise concerns regarding their participation in the Committee process. Specifically, under current WIPO rules of procedure, indigenous peoples have observer status, whereby they can make proposals during negotiations, but those proposals require the endorsement of at least one State in order to be considered. In practical terms, this requirement at times results in textual proposals made by indigenous peoples not being included in drafts, or put forward in ways that do not reflect their original proposals. 4. Convention on Biological Diversity 55. The Convention on Biological Diversity was adopted in 1992 with the goals of conserving biological diversity, promoting the sustainable use of biodiversity and guaranteeing the equitable sharing of benefits derived from the use of genetic resources — all of which are key issues affecting indigenous peoples, especially in relation to their lands, resources and traditional knowledge. 56. Specific reference to indigenous peoples is made in article 8 (j) of the Convention, in accordance with which States parties commit to preserving and maintaining the knowledge, innovations and practices of indigenous and local communities which are relevant for the conservation and sustainable use of biological diversity. The article also expressly refers to the participation of indigenous peoples in this connection, noting that States should promote the sustainable use of biological diversity “with the approval and involvement of the holders of such knowledge” and “encourage the equitable sharing of the benefits arising from the utilization of such knowledge”. Article 10 (c) of the Convention, furthermore, calls on States to protect and encourage the use of biological resources in accordance with traditional cultural practices which support conservation or sustainable use. 57. Within this framework, indigenous peoples have participated in sessions of the Conference of the Parties to the Convention and in meetings of the Ad Hoc Openended Intersessional Working Group on Article 8 (j) and Related Provisions of the Convention on Biological Diversity, which was established to advance a programme 14 12-46087

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