Transcript EU trade policy and Human Rights

EU trade policy and Human Rights
Anya ORAM
Human Rights Coordinator – DG TRADE
Gosia GORSKA
Policy Officer, Human Rights Dept. EEAS
Overview of Presentation
• Human Rights in EU external action
– Legal Basis
– Joint Communication of Dec 2011
• Trade and human rights
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Basic Approach
Current instruments
Tools
Finding the appropriate response
• Challenges and Next steps
Legal Basis
Art. 21(1) TEU
“The Union’s action on the international scene shall be guided by the
principles which have inspired its own creation … and which it seeks to
advance in the wider world; democracy, the rule of law, the
universality and indivisibility of human rights and fundamental
freedoms, respect for human dignity, the principles of equality and
solidarity, and respect for the principles of the UN Charter and
international law …”
Art. 207(1) TFU
“The common commercial policy shall be conducted in the context of
the principles and objectives of the Union’s external action.”
► should NOT have a negative impact on human
rights (HR)
► should seek to promote HR
Joint Communication: “Human Rights
and Democracy at the Heart of EU
External Action” COM(2011)886
• Tailor-made approaches to maximise
impact on the ground
• Integration of human rights into other
policies
• Building partnerships
• Harnessing Europe’s collective weight
Human Rights country strategies
• Main element of the new tailor-made approach
• Establish country priorities
• Must ensure links with other policies, including
trade
• Developed locally by EU Delegation and MS
Embassies, approved by Council of Ministers
• Trade-related human rights issues covered:
 Ratification and implementation of ILO Conventions
 Specific issues, e.g. trade unions, child labour, forced
labour, business and human rights, food security,
right to health
COM(2011)886 – on trade & HR
• EU agenda/approach should be:
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Coherent
Transparent
Predictable
Feasible
Effective
• Prior to launch or conclusion of FTA
negotiations, HR situation of the
partner country to be considered.
Basic approach - defending/promoting HR
• Positive incentives (trade
preferences) coupled with:
– cooperation, dialogue and transparency
– conditions to qualify for and maintain
preferences.
• Restrictive/Specific Measures where
appropriate/necessary.
Current Instruments
• GSP (all three schemes)
• FTAs and related
Framework/Association Agreements
Human Rights Clause - general
“Respect for democratic principles and human rights,
as laid down in the Universal Declaration of Human
Rights and other relevant international human
rights instruments, and for the principle of the rule
of law, underpins the internal and international
policies of both Parties and constitutes an
essential element of this Agreement.”
(emphasis added)
Human Rights Clause contd.
• Standard in framework agreements
since 1995
• Coupled with suspension clause
• Difficult to negotiate
• Difficult to implement
• 2009 Council guidelines on use in
trade agreements
External Trade
Current Instruments contd.
• Specific measures (product/industry
specific):
Reg. 1236/2005 (instruments of torture)
Reg. 428/2009 (dual use goods)
Code of Conduct on Arms Exports
Kimberley process
• Specific measures (country specific)
2004 Basic Principles on use of Restrictive
Measures
Basic approach – do no harm
• Minimize risk of negative effects
– IA and SIA
– Design instruments appropriately
– Complementary measures
• Identify
– Monitor – everyone has a role to play
• Remediate
– Mitigating measures
– Review of instrument
Current Tools
• Impact Assessments/SIAs (quid
HRIAs?)
• Monitoring mechanisms/ Role of civil
society
• Link with political/HR dialogues
• Link with development assistance
Impact Assessments/SIAs
• Impact Assessment
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Obligatory. Written by COM
Prior to launch
One assessment for all impacts
MUST take account of impact on human rights
• Ex-post Impact Assessment
• SIA
– Tool to guide negotiators. Contracted out
– Asap once negotiating mandate granted
– COM commitment to reinforce SIAs
Current Tools contd.
• Monitoring mechanisms/ Role of civil
society
• Link with political/HR dialogues
• Link with development assistance
Finding the appropriate response
• Are trade measures the most
appropriate policy response to
address a particular situation?
• Will behaviour be changed?
• Mitigating risk of damaging those the
EU seeks to protect.
What’s in our in-trays?
• How to make trade work in a way
that helps rather than hinders
respects of human rights?
• More effective policy coherence;
• Revision of the GSP;
• Report on trade and the worst forms
of child labour;
• ISCG on forced prison labour;
What’s in our in-trays contd.?
• Reinforcing impact assessments and
SIAs, ex-post impact assessments;
• Amendment of torture and dual-use
Regulations
• Benchmarks for triggering the
essential elements clause;
• Putting Ruggie and the OECD
Guidelines for MNEs into practice.
Thank you
• Q+A
• Discussion
[email protected]