The amendment:
- Changes respect for indigenous rights to respect for the rights of indigenous communities,
- Changes respect to those in the counterpart to further specify those being both directly or indirectly affected, whether that is in the counterpart or possibly in neighbouring states.
- Specifies respect for the ILO Convention 169 similarly to operative clause 2, as well as the core human rights conventions.
- Adds the inclusion of indigenous communities in the discussions and evaluation of the trade agreement.
Why:
- Seemingly a minor change, it is an important distinction. Indigenous peoples affected by trade agreements must have both their basic human rights and specific rights as indigenous peoples respected.
- The specification of ‘directly or indirectly’ is to emphasise that indirect discrimination is just as important. Adding indigenous communities in neighbouring states is something we see as relevant as (a) indigenous peoples can span intraregionally, as the resolution itself acknowledges with regards to the Sami People in the Sapmi area; (b) environmental effects can span intraregionally and thus affect the lands of indigenous communities in neighbouring states.
- The specification aims to align this clause with operative clause 2, and also further emphasises the core human rights conventions, see change #1 above.
- Akin to how labour unions and relevant/affected stakeholders are consulted in the current status quo for trade agreements currently negotiated. It is thus important that indigenous communities are likewise always consulted as a stakeholder in the negotiation of trade agreements that could affect them.