European demand for raw materials is growing as part of the energy transition. Many of the raw materials required for the energy transition are located on the territories of indigenous peoples, which often leads to conflicts. Against this backdrop, it is surprising that the planned agreement between the EU and the Mercosur states does not contain any provisions regarding the participation and protection of indigenous peoples. A reference to such provisions, in particular from ILO Convention 169, would be required under international law and would help to make the conflicts and contradictions of the concept of sustainability negotiable.
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