Trade agreements should mainstream human

rights – UN expert urges

Investors and transnational enterprises have invented new
rules to suit their needs, rules that impinge on the regulatory
space of States and disenfranchise the public,” the United
Nations Independent Expert on the promotion of a
democratic and equitable international order, Alfred de
Zayas, warned during the presentation of his latest report to
the UN Human Rights Council, according to a news
release from the Office of the UN High Commissioner for
Human Rights (OHCHR).
“In case of conflict, priority must be given to advancing the
public interest rather than continuing the current emphasis
on profit expectations of investors and transnational
corporations,” he added.
“It is high time to mainstream human rights into all trade
agreements and World Trade Organization (WTO) rules and
regulations, so that trade representatives and dispute-
settlers know that trade is neither a 'stand alone' regime nor
an end in itself,” he said.
Civil society including consumer unions, health
professionals, environmental groups and other stakeholders
must be part of the process of elaboration, negotiation,
adoption and implementation of trade agreements, Mr. de
Zayas said.
“A just, peaceful, equitable and democratic world order must
not be undermined by the activities of investors, speculators
and transnational enterprises avid for immediate profit at
the expense of social and economic progress,” he stressed.
According to the news release, the report introoduces the
concept of “responsibility to act” or R2A, in the public
interest. The R2A reaffirms the ontology of governance and
goes well beyond “responsibility to protect” or R2P.
“Governments, Parliaments and Courts must deliver on R2A
and not compromise their constitutionally defined roles,” the
expert said.
The report illustrates how the investor-state-dispute
settlement mechanism, the recently proposed Investment
Court System, and the WTO dispute settlement mechanism
suffer from systemic business-bias and often fail to consider
the human rights impacts in their awards and decisions, the
news release said.
In his report, Mr. de Zayas also draws attention to the fact
that the Comprehensive Economic and Trade Agreement, the
Trans Pacific Partnership , the Transatlantic Trade and
Investment Partnership and the Trade in Services Agreement
have all been negotiated in secret, without consultation of
key stakeholders and excluding public participation, thus in
violation of articles 19 and 25 of the International Covenant
on Civil and Political Rights.
“None of these treaties have any democratic legitimacy,” the
expert said, emphasizing that none of them should be
allowed to enter into force without public referenda, and if
they do enter into force, their legality should be challenged
before the constitutional courts of the countries concerned
and before the regional human rights courts.
“An advisory opinion by the International Court of Justice
reaffirming the primacy of the UN Charter over trade
agreements would be instructive,” he said.
Moreover, Mr. de Zayas called for the adoption of a legally
binding treaty laying down enforceable obligations by
investors and transnational enterprises. A systematic follow
up by the Human Rights Council to monitor the
implementation of the recommendations of UN working
groups, rapporteurs and independent experts is necessary.
Special Rapporteurs and independent experts are appointed
by the Geneva-based UN Human Rights Council to examine
and report back on a specific human rights theme or a
country situation. The positions are honorary and the
experts are not UN staff, nor are they paid for their work.