Article 32.5 Indigenous Legal Rights General Exception: Lip-service or the real deal?

Will it prove to be window dressing, or the real deal? 2 May 2024 Indigenous Rights USMCA/T-MEC 2 Where did it come from? Canada responded to pressure from Indigenous advocates: “One of Canada’s objectives for the Canada-United States-Mexico- Agreement (CUSMA) was to better reflect the interests of Indigenous peoples in international trade.” “This exception is a demonstration of the commitment by. [...] It assures the parties freedom to meet their legal obligations to Indigenous Peoples and to act in the interests of Indigenous peoples without the concern that such actions may run afoul of trade or investment rules, meaning that one state cannot bully the other at the cost of Indigenous peoples’ rights.” -- Perry Bellegarde, then-National Chief of the Assembly of First Nations (Canada) and member. [...] The Parties recognize the importance of conservation and sustainable use of biological diversity, as well as the ecosystem services it provides, and their key role in achieving sustainable development. [...] The Parties recognize the importance of respecting, preserving, and maintaining knowledge and practices of indigenous peoples and local communities embodying traditional lifestyles that contribute to the conservation and sustainable use of biological diversity. [...] Therefore, it argues, even if the panel finds that Mexico’s measures are not inconsistent with the USMCA because of the Indigenous Peoples exception, the measures “are causing nullification or impairment” of U.