Dear friends,   We wish to update you on the disturbing action by the new government of Sweden in weakening the inclusion of indigenous peoples rights in the EU Regulation on the Deforestation-Free Products. This an important Resolution for Indigenous Peoples  as it restricts the entry of goods in the whole of the EU if products are proven to have caused deforestation. While the final draft included strong language on the respect and protection of  rights of indigenous peoples  including on FPIC in line with the UNDRIP, the government of Sweden submitted their position paper for the weakening of these provisions. The attached Note by the Swedish Government provided more details on this.     We  thereby call  for your support  for us as indigenous peoples to send a strong and united voice to the government of Sweden to reconsider their position and engage in a dialogue with us.   Their proposal will certainly set a bad precedent to EU regulations affecting indigenous peoples.  Kindly add the name of your organization, your country, focal person and email in this letter. The deadline for submission is Dec. 16 ( Friday) .   Thanks for your support.   - Indigenous Peoples Rights International    Sign here As indigenous peoples with territories that are rich in biodiversity and forests, we have been following the process towards the adoption of the EU Regulation on Deforestation-free Products with both interest and appreciation of the initiative. A strong Regulation that reflects our human rights would be a welcome and most needed support to indigenous peoples, who struggle to defend our lands, territories and resources, often at the risk of our lives.   We were therefore encouraged by amendments adopted by the European Parliament (EP) in September, to require companies to comply with human rights protected under international law, including customary tenure rights as well as free, prior and informed consent (FPIC). In contrast, we are deeply concerned to learn that the reference to human rights protected under international law was removed from the Regulation in the final negotiations a few days ago, along with other provisions relating to indigenous peoples and local communities.   Moreover, we are shocked to learn that the Swedish Ministry of Enterprise and Innovation has contributed to the weakening of the Regulation, through its written comments on EP amendments (dated 29th September 2022), proposing to remove the reference to the right to FPIC, guaranteed under various UN and regional human rights treaties and as enshrined in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). The Ministry wrongly argues that the right to give or withhold FPIC is not a right but a principle and erroneously equates it with the lower standard of consultation. In the interpretation of the Ministry, the state can simply consult indigenous peoples and then proceed with the proposed measure, regardless of indigenous peoples’ response.  The Ministry even attributes this position to the United Nations’ Special Rapporteur on the Rights of Indigenous Peoples, without providing a specific reference.   We strongly oppose this simplistic and legally unfounded misinterpretation of the right to FPIC[1], which will again leave indigenous peoples to combat deforestation, biodiversity loss and climate change without the backing of a strong EU Regulation on Deforestation-free Products that could make companies responsible to human rights protected under international law.   It is also contrary to Sweden’s international obligations, for instance, as expressed in the 2020 case law of the UN Committee on the Elimination of Racial Discrimination in Lars-Anders Ågren v. Sweden. Therein, the Committee observed that FPIC is a “a norm stemming from the prohibition of racial discrimination,” and explained that exploitation of natural resources “does not absolve States parties from their obligation not to discriminate against an indigenous community that depends on the land in question by mechanically applying a procedure of consultation without sufficient guarantees or evidence that the free, prior and informed consent of the members of the community can be effectively sought and won” (para. 6.20).   Moreover, the Swedish position could have even more far-reaching consequences, in terms of setting a negative precedence and undermining the established understanding of indigenous peoples’ rights under international law. This could potentially lead the EU to go below international standards in other processes and regulations, including the EU's corporate sustainable due diligence directive, which is an integrated part in the Union's work to improve corporate governance.   Given the seriousness of this matter, we appeal to the Swedish government to: Rescind its comments on the EP amendments, and work for reconsideration of inclusion of adequate language in the final EU Regulation to be adopted by the European Parliament and Council Engage in a dialogue with indigenous peoples to clarify the scope of indigenous peoples’ rights under international human rights law, and discuss how to best contribute to respect, protect and promote these rights through EU policies and regulations.   We see the forthcoming Swedish Presidency of the EU as an opportunity for Sweden to organize such a dialogue with indigenous peoples, involving the broader group of EU Member States.     Respectfully     (PLEASE SIGN ON BY CLICKING THIS LINK -  https://form.jotform.com/223450681226452)      ©️ Indigenous Peoples Rights International   CC: European Parliament

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