National community2 Relevance and forms of Indigenous provisions Trade agreements are critical for setting the rules and standards that govern international commerce. Including provisions specifically supporting Indigenous Peoples ensures that their unique economic rights and interests are recognized and protected within these frameworks. Provisions for their inclusion in trade agreements can support Indigenous businesses to access new markets, protect relevant geographical indications abroad, safeguard their traditional knowledge and cultural heritage and promote economic development within their communities. Such measures may help rectify long-standing historical inequities and create more equitable trading systems that recognize their distinct international economic law status. The inclusion of carve-outs, exceptions, set-asides and standalone chapters that promote recognition of the rights of Indigenous Peoples and the infusion of Indigenous concepts in trade agreements can create new opportunities for enhancing Indigenous economic empowerment. These measures are critical for an inclusive trade environment that accommodates the cultural, political, economic and social frameworks of Indigenous Peoples. Why these measures matter: –Carve-outs provide policy flexibility to ensure that trade and related matters concerning Indigenous Peoples that are yet to be determined at a domestic level are not hamstrung by restrictive provisions in trade agreements. This provides a broader level of protection against the potential negative impacts of overarching trade rules for Indigenous Peoples, many of whom are still engaged in reconciliation processes to redress historical and contemporary injustices. –Exceptions support the preservation and promotion of Indigenous rights and economies. They provide a mechanism that enables governments to fulfil their legal or treaty obligations to Indigenous communities without being disadvantaged by broader trade policies that might not account for their unique needs and contributions. –Standalone chapters or agreements dedicated to Indigenous issues and economic cooperation support capability- and capacity- building. They can also include a range of multipurpose policy objectives concerning broad areas such as language, culture, knowledge and the environment that are increasingly affected by and considered in trade contexts due to recognition of their unique economic value. As such, these chapters or agreements can expand cooperation areas, thereby enhancing bilateral or plurilateral relations between the parties to the agreements and Indigenous Peoples.2.1 Trade agreementsNational trade strategies, trade promotion, funding programmes and well-designed intellectual property, procurement and resource- protection policies can support Indigenous trade. National trade strategies emphasizing sustainability and inclusivity are increasingly influencing the direction of trade negotiations. This shift places renewed focus on the development commitments set out in the Preamble of the Agreement Establishing the World Trade Organization. In response to those commitments, some WTO members have started to infuse various provisions recognizing the rights or interests of Indigenous Peoples in their trade agreements and building programmes across the public sector to support trade and enterprise development for Indigenous People. These approaches seek to support the growth and development of Indigenous enterprises, industries and economies by implementing mechanisms that facilitate cooperation between economies, introducing policies that aim to eliminate economic disparities and designing safeguards to protect Indigenous Peoples’ rights, interests, duties and responsibilities. Indigenous provisions in trade agreements can support access to new markets, protect relevant geographical indications abroad, safeguard traditional knowledge and promote economic development. Enabling Indigenous Trade: Actionable Guidance for Governments 11

Enabling Indigenous Trade 2025