Timeline of key trade-related developments in Indigenous rights BOX 1 Title of box one goes here, try to keep less than 85 characters in length1950s –The International Labour Organization (ILO) introduced Convention 107 in 1957, the first international treaty expounding the rights of Indigenous and Tribal Peoples. However, it was criticized as assimilationist due to its negative impact on Indigenous land rights and self- determination and was replaced in 1989. 1960–1970s –The UN General Assembly’s Declaration on the Granting of Independence to Colonial Countries and Peoples (Resolution 1514) affirmed the right to self-determination and called for the rapid end of colonization. –Supporting measures included the establishment of the Special Committee on Decolonization (C-24) and the UN Trust Fund for Decolonization to assist non- self-governing territories. –The 1964 UN Conference on Trade and Development reinforced commitments to eliminate colonization. Notably, many decolonized nations are now classified as developing or least developed countries. 1980s –The 1987 Study on Discrimination against Indigenous Populations by UN Special Rapporteur José R. Martínez Cobo developed a foundational working definition of Indigenous Peoples, emphasizing common ancestry, historical continuity, distinct languages, cultures, social structures and self-identification. –The study led to the creation of the UN Working Group on Indigenous Populations (WGIP), the first UN body dedicated to Indigenous rights, which played a key role in drafting the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). –In 1989, the ILO introduced Convention 169 to address the shortcomings of Convention 107, aligning with the Martínez Cobo study’s focus on self-determination and cultural preservation. 1990s –The Convention on Biological Diversity (CBD) 1992, a multilateral environmental agreement, included provisions affirming the rights of Indigenous Peoples to their traditional knowledge, which would subsequently influence the development of intellectual property rights (IPR) in trade agreements, particularly concerning the intersection of biodiversity, traditional knowledge and the use of genetic resources. –A year later, a draft of the Declaration on the Rights of Indigenous Peoples was released for consultation among UN members. 2000s –In 2007, the UNDRIP was adopted by the United Nations General Assembly (UNGA). It affirmed the rights of Indigenous Peoples in various domains, including land, culture, knowledge and economic self-determination. However, Australia, Canada, New Zealand and the United States initially refused to endorse the declaration. –The establishment of bodies such as the UN Permanent Forum on Indigenous Issues (2000) and the Expert Mechanism on the Rights of Indigenous Peoples (2007) provided new platforms for ongoing dialogue and advocacy. 2010s –The Nagoya Protocol, a supplement to the CBD, recognized Indigenous and local communities‘ rights concerning genetic resources and the fair sharing of benefits. Some trade agreements call for its implementation or require parties to respect free, prior and informed consent (FPIC), protect traditional knowledge in domestic legislation or encourage benefit-sharing.6 –Australia, Canada, New Zealand and the United States endorsed the UNDRIP . –The American Declaration on the Rights of Indigenous Peoples, adopted by the Organization of American States (OAS), provided a comprehensive framework for Indigenous rights in the Americas. –The 2016 UN Conference on Trade and Development in Nairobi emphasized creating an inclusive global economic environment, ensuring all people, including Indigenous Peoples, have access to resources and opportunities. 2020s –In 2021, the UN Human Rights Council adopted a resolution urging states to respect Indigenous Peoples‘ rights, including their participation in decision-making processes, particularly regarding the protection of their lands and resources from exploitation and environmental degradation. This resolution indicates that trade agreements should strengthen protections for Indigenous lands and resources, especially in sectors such as mining, forestry and agriculture. –At the 2022 COP15, members adopted the Kunming– Montreal Global Biodiversity Framework, which commits members to recognizing and protecting Indigenous rights and acknowledges their role in biodiversity conservation. This framework encourages the integration of Indigenous knowledge into international trade policies, particularly in sectors such as natural resources, agriculture and bioprospecting. –In May 2024, WIPO members adopted the historic Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. It is the first WIPO treaty to address the interface between these areas and to include specific provisions for Indigenous Peoples and local communities. Despite these developments, challenges remain in fully recognizing Indigenous rights in the international trade system because those rights continue to be construed within strictly human rights contexts. This overlooks the economic language in these important documents. Enabling Indigenous Trade: Actionable Guidance for Governments 8

Enabling Indigenous Trade 2025