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Sunday, 7 June 2015

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UN Rights experts voice concerns over BITs and FTAs

A group of United Nations experts has voiced concerns over the potential detrimental impact that free trade and investment agreements such as the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP) may have on the enjoyment of human rights.

In a statement issued on 2 June, the Independent Experts and Special Rapporteurs of the UN Human Rights Council stressed that ex ante and ex post human rights impact assessments should be conducted with regard to existing and proposed bilateral investment treaties (BITs) and free trade agreements (FTAs).

The experts further expressed concern about the secret nature of drawing up and negotiating many of these agreements and the potential adverse impact of these agreements on human rights.

The human rights experts include Alfred de Zayas, Independent Expert on the promotion of a democratic and equitable international order; Catalina Devandas Aguilar, Special Rapporteur on the rights of person with disabilities; Dainus Puras, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Ms Farida Shaheed, Special Rapporteur in the field of cultural rights; Gabriella Knaul, Special Rapporteur on the independence of judges and lawyers; and Hilal Helver, Special Rapporteur on the right to food.

Also included in the group issuing the statement are Juan Bohoslavsky, Independent Expert on the effects of foreign debts and other related international financial obligations of States on the full enjoyment of all human rights, particularly economic, social and cultural rights; Leo Heller, Special Rapporteur on the human right to safe drinking water and sanitation; Victoria Lucia Tauli-Corpuz, Special Rapporteur on the rights of indigenous peoples; and Virginia Dandan, Independent Expert on human rights and international solidarity.

In their statement, the rights experts said: “While trade and investment agreements can create new economic opportunities, we draw attention to the potential detrimental impact these treaties and agreements may have on the enjoyment of human rights as enshrined in legally binding instruments, whether civil, cultural, economic, political or social.”

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.

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