A/HRC/30/44
on human rights, including labour standards, prohibition of child labour, minimum
wage levels, vacation and pension entitlements, gender equality etc.?
(2)
How do States ensure that the genuine will of the people is respected when
free trade and investment agreements are elaborated, negotiated, ratified and
implemented?
(3)
How do States ensure that the distribution of benefits and wealth derived
from free trade and investment agreements is proportional to all its parties, as well as
third-parties that may also be impacted? In particular what fiscal measures are in
place to ensure that profits are legitimately taxed and to prevent the use of tax
havens or tax avoidance schemes.
(4)
To what extent can affected groups be identified and consulted in order to
mitigate potential adverse effects of these agreements on their human rights? To
what extent are all stakeholders consulted, including labour unions, syndicates,
environmental protection organizations, health professionals, ombudsmen?
(5)
How can Parliaments ensure transparency and accountability in the process
of elaboration, negotiation, ratification and implementation of trade and investment
agreements to ensure that human rights are respected, protected and fulfilled?
(6)
What recommendations could be provided as guiding principles to strengthen
disclosure of information to enable meaningful participation in the decision-making
process in relation to these agreements?
(7)
Have opinion polling and referenda been used before the adoption of past
trade and investment agreements, and how could these mechanisms be effectively
employed in current negotiations?
(8)
To the extent that globalization impacts all States, whether parties of free
trade and investment agreements or not, how can the democratic participation of all
States in global decision-making processes be advanced?
(9)
To what extent do free trade agreements or investment agreements
compromise the sovereignty of States over domestic policy decisions on the
protection of public health, the environment, promotion of local industries and
agriculture? Are there human rights clauses or provision for exceptions to ensure the
respect of human rights?
(10) What jurisdiction is competent to judge alleged breaches of a free trade or
investment agreement? What are the appeal possibilities? What kind of sanctions
can be imposed?
(11) In States parties to free trade and investment agreements, what recourses and
remedies are available to States, corporations, groups and individuals, including
indigenous peoples, in case human rights are violated?
Concept Note of the Consultation on the impact of free trade
and investment agreements on an equitable and democratic
international order, 5 May 2015
1.
Background
1.
The mandate of the Independent Expert was created by Human Rights Council
resolution 18/6 in September 2011. Subsequent resolutions 21/9, 25/15 and 27/9 have
complemented the mandate’s terms of reference. The first, and current, mandate holder,
Mr. Alfred de Zayas, was appointed effective 1 May 2012. To date, the Independent Expert
26
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