Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 37
As discussed above, indigenous peoples are not included in the negotiations and drafting of free trade agreements. However, the provisions of those agreements bind their self-governance arrangements and the use of their lands, territories and resources. For example, the United States model bilateral investment treaty is strictly binding on all levels of government, including political subdivisions and other entities that exercise regulatory, administrative or other governmental authority delegated by the national Government. Not having the ability to contribute to the drafting of powerful legal agreements that affect them is a violation of indigenous peoples' right to self-determination, as provided for in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, and the right to development. Article 32, paragraph 1, of the Declaration says that "indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories".
Non-negotiated soft law
Special Rapporteur on the rights of indigenous peoples
Special Procedures' report
Means of adoption
Governance & Rule of Law
Social & Cultural Rights
SR Indigenous Peoples, Report to the UNGA (2015), A/70/301, para. 37.