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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
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