Indigenous Peoples Economic And Trade Cooperation Arrangement

1. Acknowledge the importance of respectful economic relationships with Indigenous peoples.¹
2. Recognise the need to honour, respect, and promote the rights of Indigenous peoples, including those affirmed in treaties, agreements, and other constructive arrangements.
3. Acknowledge and affirm that Indigenous peoples have the right to be free from discrimination and the right to enjoy fully all rights affirmed and established under applicable international and domestic laws.
4. Recognise and respect that Indigenous peoples have been engaged in trade since time immemorial and that trade is fundamental to Indigenous history, identity, values, culture, ancestry, and economic wellbeing.
5. Acknowledge that Indigenous peoples have the right to maintain and develop their economic systems and institutions, and to engage freely in all their traditional and other economic activities.
6. Affirm the need to honour, respect, and promote the inherent rights of Indigenous peoples as reflected in the United Nations Declaration on the Rights of Indigenous Peoples adopted in New York on 13 September 2007 (the United Nations Declaration) and other international instruments and constructive arrangements.
7. Recognise the importance of each participating economy implementing this Arrangement in a manner consistent with its domestic laws and the United Nations Declaration, including with regard to free, prior, and informed consent.
8. Respect and support the integral role that Indigenous peoples play in each participating economy’s societies and economies.
9. Recognise the value of the traditional knowledge of Indigenous peoples and the contribution of Indigenous traditional knowledge to innovation, sustainable development, and ecologically sound management of the environment.
10. Acknowledge the close and traditional interdependence of many Indigenous peoples with biological resources, and how these factors are important for their economic development and participation in international trade.
11. Acknowledge the importance of Indigenous leadership in facilitating participation in domestic economic activity and trade that has the ability to further contribute to sustainable development and inclusive economic growth.
12. Reaffirm that the United Nations Declaration recognises that Indigenous peoples have the right to the lands, territories, and resources that they have traditionally owned, occupied, or otherwise used or acquired, to the ownership, use, development, and control of those resources, to legal recognition and protection of those lands with due respect to their customs and traditions, and to maintain and strengthen their distinctive spiritual relationship with those lands, territories, and resources and to uphold their responsibilities to future generations.
13. Underscore that the United Nations Declaration expressly places the responsibility on States to take, in conjunction with Indigenous peoples, effective measures to recognise and protect the exercise of Indigenous peoples’ right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, as well as the manifestations of their sciences, technologies, and cultures
14. Acknowledge that the United Nations Declaration expresses support for effective measures to recognise and protect the exercise of Indigenous peoples’ right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, as well as the manifestations of their sciences, technologies, and cultures.
15. Further recall that the United Nations Declaration affirms the right of all Indigenous peoples to self-determination and to participate in decision-making in matters that would affect their rights, through representatives chosen by themselves in accordance with their own procedures.
16. Acknowledge the disproportionate inequality and marginalisation of Indigenous peoples on key indicators of the Sustainable Development Goals (SDGs) and the contribution that enhanced Indigenous trade and investment can make to addressing those realities.
17. Recognise that the Addis Ababa Action Agenda on Financing for Development, which supports implementation of the SDGs, acknowledges that Indigenous peoples continue to be excluded from participating fully in the economy.
18. Recognise the benefits of sharing respective experiences in designing, implementing, and monitoring policies and programmes aimed at increasing the participation of, and opportunities for and between, Indigenous peoples in trade.
19. Recognise and respect the importance of facilitating and expanding trade, investment, and economic opportunities with, between, and among Indigenous peoples and more broadly, in a manner that they determine.
20. Recognise and encourage the role that Indigenous international trade and investment can play to support sustainable regional economic development and the importance of raising awareness of the potential for this Arrangement to achieve that goal.
21. Acknowledge that international trade and investment interconnects with and impacts on a broad range of Indigenous peoples’ rights, responsibilities, interests, and economic development.
22. Recognise the importance of private sector engagement with Indigenous peoples being carried out in an ethical and responsible manner and consistent with Indigenous peoples’ rights, values and cultural traditions, and customs.

(a) “Indigenous trade and investment” in this Arrangement includes forms of trade and
investment with, between, and among, Indigenous peoples from the participating
economies. Indigenous trade and investment may be constituted in elements that
include:

1. trade and investment that is relational and aims to build long-term networks of exchange;
2. Indigenous laws and values, including reciprocity, care, trust, respect, and generosity;
3. operating within an intergenerational framework; and
4. the responsibility of Indigenous peoples to protect their lands, resources, and the spiritual interrelationship of the human and natural world, as well as the integrity of the natural systems themselves,

1. The participating economies recognise that existing international human rights obligations are interrelated, interdependent, and mutually reinforcing, and should be considered alongside each other when advancing the rights of Indigenous peoples and their participation in international trade.
2. The participating economies reaffirm their existing support for the United Nations Declaration.²
3. Each participating economy reaffirms its commitment to implement its obligations under any other international agreement addressing Indigenous rights and human rights to which it is a party, including relevant International Labour Organization conventions.
4. The participating economies acknowledge the importance of the United Nations 2030 Agenda for Sustainable Development and of achieving the SDGs and the Addis Ababa Action Agenda on Financing for Development, given their relevance to Indigenous peoples, including how they relate to the protection of lands, waters, and natural resources, and how they support the conditions for sustainable and inclusive economic development.
5. The participating economies acknowledge the importance of:
   1. the United Nations Framework Convention on Climate Change, opened for signature on 4 June 1992;
   2. the Paris Agreement, done at Paris on 12 December 2015;
   3. the Convention on Biological Diversity, opened for signature on 5 June 1992, and its Protocols, in accordance with their respective domestic laws, policies, and international obligations;
   4. the United Nations Convention to Combat Desertification, opened for signature on 14 October 1994; and
   5. the Convention on the International Trade in Endangered Species, done at
      Washington, D.C. on 3 March 1973,
      
      “recognising the need to strengthen the knowledge, technologies, practices, and efforts of Indigenous peoples related to addressing and the protection of endangered species, biodiversity loss, and climate change in these international agreements.“
6. The participating economies affirm their existing international trade law commitments and obligations, and acknowledge the importance of current initiatives, efforts, and work on inclusive trade taking place in a range of international fora, and commit to active dialogue with Indigenous peoples regarding those commitments and initiatives.

1. The participating economies will, individually and collectively:
   1. work with Indigenous peoples to advance the objectives of this Arrangement, including enabling and empowering Indigenous peoples to identify, advance, and implement initiatives to develop and expand international Indigenous trade and investment opportunities and relationships, consistent with their values, development plans or priorities, and needs;
   2. empower Indigenous peoples, consistent with the United Nations Declaration to freely pursue their economic, social, and cultural development, engaging freely in all their traditional and other economic activities, and determining strategies and priorities for their right to development and the use of their lands, territories, and resources, in accordance with their own development plans and priorities, and cultural values and norms;
   3. work with Indigenous peoples to ensure their active participation in decision-making on matters that affect their rights, responsibilities, and interests in relation to trade and investment;
   4. promote international trade policies and Indigenous policies that are mutually supportive in order to:
      1. increase Indigenous peoples’ participation in trade and investment;
      2. enhance trade and investment with, between, and among Indigenous peoples to promote their collective economic, social, cultural, and spiritual wellbeing; and
      3. to further Indigenous peoples’ worldviews regarding the sustainable management of natural resources, in order to advance economic development;
   5. enhance the ability of Indigenous peoples and businesses, including those led by women, youth, persons with disabilities, and persons with diverse sexual orientations and gender identities, to fully access and benefit from the opportunities created by international trade, including facilitating Indigenous-to-Indigenous dialogue and trade;
   6. strengthen the capacity and commitment of the participating economies, working with Indigenous peoples, to understand and support, advocate for, and develop policies, laws, and practices, to enhance trade and investment with, between, and among Indigenous peoples;
   7. endeavour to ensure that the domestic laws, regulations, and policies of participating economies and the international instruments that they enter into, and which impact on Indigenous rights, interests, and responsibilities, are consistent with this Arrangement;
   8. facilitate, in partnership with Indigenous peoples and businesses, opportunities for international trade with, between, and among Indigenous peoples, including by considering, adopting, or strengthening domestic laws, regulations, policies, knowledge sharing arrangements, support programmes, and capability and capacity building opportunities;
   9. work with Indigenous peoples to identify and promote means of providing and enhancing access to capital to support Indigenous trade, investment, and other economic initiatives;
   10. enable and support Indigenous peoples to develop trade and other economic opportunities through access to and use of existing and new technologies, and recognise traditional knowledge and Indigenous worldviews in relation to digital issues;
   11. support Indigenous peoples to identify barriers to the achievement of the objectives of this Arrangement and appropriate solutions to eliminate such barriers, and carry out cooperation activities with Indigenous peoples that are designed to remove those barriers; and
   12. work with Indigenous peoples to identify the impacts of trade and investment policies and agreements on Indigenous peoples, including where such policies may create barriers to participation, and exchange views on the means to address negative impacts.

1. The participating economies acknowledge the objective of ensuring that their respective laws, regulations, and policies relating to international trade and investment advance, and do not negatively impact upon, the rights and interests of Indigenous peoples.
2. The participating economies further acknowledge that it is inappropriate to weaken or reduce protections for Indigenous peoples in their respective laws, regulations, and policies so as to encourage international trade and investment between them, or between the participating economies and any other economy.

1. The participating economies will encourage businesses operating within their jurisdiction to incorporate into their internal policies and practices those internationally recognised standards, guidelines, and principles of Responsible Business Conduct that have been endorsed, supported, or observed by the participating economies.
2. The participating economies recognise that it is imperative that businesses and other entities respect the inherent rights of Indigenous peoples recognised and affirmed under international and domestic law.

1. The participating economies recognise the value of the holistic traditional knowledge of Indigenous peoples and the contribution traditional knowledge makes to innovation, sustainable development, and ecologically sound management of the environment.
2. The participating economies acknowledge the efforts of Indigenous peoples to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions and, where applicable, to do so within their legal systems, including customary legal systems.
3. The participating economies will exchange views and explore options for implementing and supporting the right of Indigenous peoples to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions.
4. The participating economies will share information, experiences, and approaches on mechanisms to promote Indigenous arts and traditional cultural expressions, to protect Indigenous arts and traditional cultural expressions from misuse and misappropriation, and to protect against the production, purchase, and sale of inauthentic Indigenous arts and traditional cultural expressions.
5. The participating economies will continue to work on issues related to Indigenous peoples’ right to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and traditional cultural expressions, including through international dialogues.

1. The participating economies recognise the value and benefit of working with, and learning from, each other and from Indigenous peoples, in advancing cooperation activities and opportunities that increase Indigenous peoples’ participation in trade and investment, domestically, regionally, and internationally.
2. The participating economies will be proactive and results-oriented in carrying out cooperation activities under this Arrangement; activities will be Indigenous-led, economy-enabled, and guided by the principles of:
   1. reconciliation;
   2. respect and partnership;
   3. equity, diversity, and gender balance;
   4. accountability and transparency; and
   5. openness, flexibility, and pragmatism.
3. The participating economies envision that cooperation activities will be delivered through innovative means, including:
   1. dialogues, workshops, seminars, and conferences;
   2. cooperation programmes and projects;
   3. exchanges of experts;
   4. internships, visits, and research;
   5. trade missions and other business development activities;
   6. technical assistance to promote and facilitate capacity building and training; and
   7. networking, business matching, and mentorship.
4. The participating economies will cooperate domestically, regionally, and internationally to support policies and programmes, and to carry out activities that may include:
   1. exchanging experiences and best practices and collaborating with Indigenous peoples in co-designing, implementing, monitoring, evaluating, and strengthening policies and programmes that enhance Indigenous peoples’ participation in international trade, including in procurement opportunities;
   2. supporting Indigenous peoples to identify barriers and design strategies to achieve Indigenous international trade and investment, and working with Indigenous peoples to remove those barriers and advance those strategies;
   3. promoting and facilitating access to capital and markets, including export financing, and domestic and global investment opportunities to assist Indigenous entrepreneurs and business owners to foster and enhance trade and investment;
   4. exchanging information and best practices on facilitating Indigenous business access to existing supply chains, and promoting and developing Indigenous supply chains;
   5. supporting Indigenous peoples in developing e-commerce platforms, technologies, applications, activities, and skills, including by sharing information and success stories to sell Indigenous products domestically and internationally;
   6. exchanging information and best practices on domestic mechanisms to provide accurate and timely information, support, and advice on international trade to Indigenous businesses and entrepreneurs;
   7. exploring opportunities to develop and enhance export counselling, assistance, and training programmes, including capacity training sessions on trade policy for Indigenous members of the Partnership Council and Indigenous business leaders;
   8. advancing and supporting the development and expansion of Indigenous trade, investment, and business leader networks;
   9. encouraging and facilitating trading relationships between Indigenous peoples, including by sharing experiences and information on foreign trade zones;
   10. exchanging best practices on promoting and expanding market opportunities for successful, innovative, and environmentally sustainable Indigenous businesses;
   11. supporting Indigenous peoples in responding to the adverse effects of climate change, and supporting their leadership in developing climate mitigation and adaptation strategies;
   12. promoting Indigenous women entrepreneurs and Indigenous women-owned businesses by facilitating access to digital, financial, and trade literacy knowledge and skills, and by supporting the internationalisation of micro, small, and medium-sized enterprises (MSMEs), including cooperatives;
   13. facilitating and promoting ways to improve the capacity of, and conditions for, Indigenous women, persons with diverse sexual orientations and gender identities, and persons with disabilities, so that they may engage effectively in relationships and activities linked to Indigenous trade and investment, and that create opportunities for them to do so;
   14. supporting Indigenous youth to engage effectively in Indigenous trade and investment relationships and activities, and that create opportunities for them to do so;
   15. fostering and enhancing the participation of Indigenous-owned MSMEs, including those MSMEs owned by women, youth, persons with disabilities, and persons with diverse sexual orientations and gender identities;
   16. considering ways to advance and promote Responsible Business Conduct, including the principle of equality of opportunity and treatment in employment, and environmental, social, and governance frameworks and standards in a manner that respects the rights of Indigenous peoples, and in particular Indigenous women;
   17. encouraging the private sector to establish supplier diversity mandates that seek products and services from Indigenous businesses;
   18. supporting Indigenous businesses and entrepreneurs to expand market opportunities for traditional, authentic Indigenous goods, services, practices, and resources;
   19. exchanging information on considerations around mutual recognition of each participating economy’s definition and certification for Indigenous-owned business and Indigenous-made goods, as determined by Indigenous peoples;
   20. considering approaches to develop domestic processes, including cross-border trade processes, to facilitate tracing, authenticating, and protecting Indigenous-owned production and Indigenous-made products, including Indigenous artistic and cultural property and heritage, and to promoting the mutual recognition of those domestic processes among the participating economies;
   21. sharing methods and best practices for monitoring and assessing, with reference to the United Nations Declaration, SDGs, and other relevant indicators, Indigenous peoples’ participation in Indigenous trade and investment, and the impact of that participation on Indigenous societies, including with respect to Indigenous women, youth, persons with disabilities, and persons with diverse sexual orientations and gender identities;
   22. considering carrying out a gender and diversity analysis of this Arrangement, and sharing methods and procedures to collect data, to use indicators, and to analyse statistics related to Indigenous business participation in trade and investment, as well as the impact of international trade and investment on Indigenous societies, including Indigenous women, youth, persons with disabilities, and persons with diverse sexual orientations and gender identities, considering cultural, economic, and social dimensions; and
   23. any other issue as jointly decided by the Partnership Council.
5. The participating economies will jointly decide through the Partnership Council the priorities for shared cooperation activities, based on their interests and available resources.
6. The participating economies recognise that the particular methodologies and technologies that are appropriate for each cooperation activity will differ, and the participating economies will be guided in this regard by the Partnership Council.
7. The participating economies will continue to work together in international and multilateral fora to advance sustainable development and the inclusive participation of Indigenous peoples in trade.
8. Where possible, within one year of the entry into effect of this Arrangement, each participating economy will develop an IPETCA webpage that will contain information about this Arrangement.

1. he participating economies will establish an Indigenous Peoples Economic and Trade Cooperation Arrangement Partnership Council (the Partnership Council) that will coordinate the implementation of this Arrangement in a manner consistent with its General Understandings and General Dispositions.
2. The Partnership Council will be composed of:
   1. up to two representatives of each participating economy; and
   2. up to two Indigenous peoples’ representatives from each participating economy (participating Indigenous representatives) unless decided otherwise by a participating economy and its participating Indigenous representatives.

3. The selection of participating Indigenous representatives of a participating economy will be carried out by the Indigenous peoples from that participating economy, in accordance with any relevant Indigenous protocols or Indigenous representative mechanisms, taking into account gender balance, youth representation, and diversity of experiences and perspectives. If there are no such protocols in place, the participating economy will engage with relevant Indigenous experts, elders, knowledge keepers, or organisations in that economy to determine the appropriate means of selecting those representatives.
4. In order to ensure Indigenous peoples’ effective and collective participation in the Partnership Council, the participating economies recognise that facilitation may be required to enable participating Indigenous representatives to carry out activities including:
   1. determining the appropriate terms of service for participating Indigenous representatives on the Partnership Council;
   2. formulating positions and proposals prior to meetings of the Partnership Council or for consideration by that body;
   3. identifying priorities for cooperation activities;
   4. coordinating participation in the activities or initiatives by the Partnership Council; and
   5. proposing any additional activities for consideration by the Partnership Council.

5. An Interim Body composed of official representatives from each participating economy as well as Indigenous representatives will be established for a period of one year from the day on which this Arrangement enters into effect for the purposes of establishing the governance of the Partnership Council, including the development of its terms of reference. Participating Indigenous representatives on the Partnership Council may include those Indigenous representatives that have participated in the development of this Arrangement, including the work of the Interim Body.

6. The Partnership Council, once fully established, will:
   1. develop and approve a work programme to determine, organise, and facilitate activities under this Arrangement;
   2. decide the priorities for shared cooperation activities, based on the interests and available resources of each participating economy;
   3. encourage appropriate multilateral and regional organisations to support projects that enable Indigenous businesses, with special consideration given to those owned by Indigenous women, to export goods and services;
   4. where relevant and appropriate, invite relevant experts, Indigenous leaders, elders, knowledge keepers, or organisations to Partnership Council meetings to provide information and advice, including with respect to the development and implementation of cooperation activities;
   5. perform other functions that it may decide upon; and
   6. at the request of a participating economy or a participating Indigenous representative, consider any matter related to the implementation and operation of this Arrangement.

7. The Partnership Council will meet at least once per year to assess, discuss, and report on, as relevant, matters relating to the implementation and operation of this Arrangement, including the review described in paragraph 12.
8. Meetings of the Partnership Council will take place by electronic means, or in person, or in a hybrid of the two formats.
9. The processes of the meetings of the Partnership Council, including the distribution of relevant documentation, will ensure that participating Indigenous representatives have adequate time to engage appropriately with those to whom they are accountable.
10. The participating economies will, on a biennial rotational basis, coordinate the activities of the Partnership Council to the extent that those economies have the capacity to do so, and subject to decisions of the Partnership Council.

1. The participating economies will establish an Informal APEC Caucus on Indigenous Trade and Investment (the Informal APEC Caucus), composed of representatives of each participating economy that is also a member economy of APEC.
2. The participating economies understand that the Informal APEC Caucus:
   1. will meet at least once per year (annual meeting) and adjacent to other APEC meetings, as appropriate, including by electronic means, where it will consider:
      1. Indigenous trade and investment issues relevant to APEC member economies; and
      2. any other matter as the Informal APEC Caucus may decide;
   2. may facilitate the inclusion of Indigenous representatives in its meetings to ensure their full and meaningful participation on issues affecting them;
   3. will invite Indigenous representatives to its annual meeting;
   4. may invite other APEC member economies or members of other APEC bodies to attend its meetings as observers as appropriate; and
   5. will hold its first meeting within one year of the date on which this Arrangement enters into effect and thereafter at least once per year unless decided otherwise by the participating economies.

1. Each participating economy will bear its own costs relating to the shared cooperation activities in which it directly participates and, where reasonable and appropriate, the costs associated with the participation of Indigenous representatives from those economies on the Partnership Council.
2. Electronic platforms will serve as the preferred mechanism for meetings of the Partnership Council, as well as cooperation activities under this Arrangement. The requirement for in-person meetings or cooperation activities will be considered by the Partnership Council and will be decided upon by those economies and participating Indigenous representatives directly involved in the meetings or activities. The participating economies acknowledge the importance of in-person meetings to participating Indigenous representatives and will engage with them on requests to hold in-person meetings.

1. The Partnership Council will periodically review the operation of this Arrangement and the cooperation activities thereunder, including against its General Understandings and General Dispositions. The first such review will take place on a jointly determined basis no later than three years after the Arrangement enters into effect.³
2. After the completion of the first review, subsequent reviews by the Partnership Council will take place every two years thereafter.
3. Each review will include an assessment of the impact of this Arrangement generally, and with specific reference to women, MSMEs, persons with diverse sexual orientations and gender identities, persons with disabilities, and youth.
4. The results of any review completed by the Partnership Council will be presented to the Informal APEC Caucus for information and made public on each participating economy’s webpage (referred to in paragraph 8(h)), where possible.

1. Unless otherwise decided by the participating economies, the working language for this Arrangement will be English.
2. The participating economies may wish to provide copies of this Arrangement in their official languages and in local Indigenous languages and make these copies publicly available.

1. The participating economies will, at all times, endeavour to jointly decide on the interpretation and implementation of this Arrangement, and will make every attempt through cooperation and consultations to arrive at a mutually satisfactory resolution of any matter that might affect its operation.

1. This Arrangement will be open to any APEC Member Economy, WTO Member, or other economy interested in pursuing inclusive trade and investment approaches for Indigenous peoples.
2. This Arrangement will come into effect on the date on which the New Zealand contact agency Te Puni Kōkiri has received the written notification of at least four economies, at the entity level, which have indicated their intention to participate in this Arrangement.

1. From the date on which this Arrangement comes into effect until the full establishment of the IPETCA Partnership Council, the participating economies will consider expressions of interest from any other economy in collaboration with Indigenous peoples’ representatives to the Interim Body established in paragraph 9(e).
2. Following a positive decision of the participating economies, that interested economy’s relevant entity may notify the New Zealand contact agency Te Puni Kōkiri in writing of its intention to participate in this Arrangement, which will take effect for that economy upon confirmation of receipt of the written notification.
3. After the IPETCA Partnership Council has been fully established under paragraph 9, it will consider expressions of interest from any APEC Member Economy, WTO Member, or other economy made through the relevant entity of that economy and, following a positive decision by the IPETCA Partnership Council, that interested economy’s relevant entity may notify the New Zealand contact agency Te Puni Kōkiri in writing of its intention to participate in this Arrangement, which will take effect for that economy upon confirmation of receipt of the written notification.
4. Appendix I to this Arrangement records the economies that have notified the New Zealand contact agency Te Puni Kōkiri of their intention to participate in this Arrangement. Appendix I may be amended as required by the IPETCA Partnership Council.

1. The participating economies understand that:
   1. a document naming a Contact Point for each participating economy (List of Contact Points) will be maintained separately, and will not form part of this Arrangement; and
   2. that the List of Contact Points can be shared amongst participating economies any time a new participating economy joins the Arrangement.

1. This Arrangement may be amended at any time by mutual written consent of the participating economies and such amendments will come into effect on such date or dates as may be determined among them.

1. Any participating economy may withdraw from this Arrangement by providing written notice of its withdrawal to the other participating economies.
2. A participating economy’s withdrawal from this Arrangement will take effect six months after the date on which a participating economy provides written notice to the other participating economies, unless the participating economies decide on a different period. If a participating economy withdraws, this Arrangement will remain in effect for the remaining participating economies.