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European
Federation of Public Service Unions
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10 UN experts issued a statement last week expressing strong concerns regarding the adverse effects of trade agreements and ISDS on human rights. They criticize the secret nature of the negotiations and more specific the Investor – State Dispute Settlement mechanism. ISDS chapters are anomalous in that they provide protection for investors but not for States or for the population. They allow investors to sue States but not vice-versa. The experience with ISDS demonstrates that the regulatory function of many States and their ability to legislate in the public interest have been put at risk. Problems has been aggravated by the “chilling effect” that intrusive ISDS awards have had, when States have been penalized for adopting regulations, for example to protect the environment, food security, access to generic and essential medicines, and reduction of smoking, as required under the WHO Framework Convention on Tobacco Control, or raising the minimum wage.
Their concerns relate to the rights to life, food, water and sanitation, health, housing, education, science and culture, improved labour standards, an independent judiciary, a clean environment and the right not to be subjected to forced resettlement. As also underlined in the UN Guiding Principles on Business and Human Rights, States must ensure that trade and investment agreements do not constrain their ability to meet their human rights obligations (Guiding Principle 9). Trade agreements are likely to have a number of retrogressive effects on the protection and promotion of human rights, including by lowering the threshold of health protection, food safety, and labour standards, by catering to the business interests of (pharmaceutical) monopolies and extending intellectual property protection.
The UN experts recommend that all current negotiations of bilateral and multilateral trade and investment agreements should be conducted transparently with consultation and participation of all relevant stakeholders including labour unions, consumer unions, environmental protection groups and health professionals.
Furthermore ‘Ex ante’ and ‘ex post’ human rights impact assessments should be conducted with regard to existing and proposed trade or investment agreements
Read more at: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16031&LangID=E.
Best regards
Right2Water team
EUROPEAN
FEDERATION OF PUBLIC SERVICE UNIONS (EPSU)
