A/HRC/30/44 essential condition for the exercise of the right of freedom of opinion and expression under article 19 of the International Covenant on Civil and Political Rights. The added value of consultation and participation is building consensus which decreases the likelihood of onerous litigations. Parliaments have a high responsibility to carefully examine bilateral investment treaties and free trade agreements and ensure that human rights and environmental impact assessments are carried out. 37. Trade negotiations conducted in secret (although not a matter of national security!) and excluding key stakeholders entail prima facie violations of articles 19 and 25 of the International Covenant on Civil and Political Rights.50 As the Independent Expert explained in his 2013 report to the Council, democratically elected representatives do not have carte blanche from the electorate, but must consult with constituents and act according to their wishes.51 Democracy is not exercised only once in a while, but entails a continuing dialogue between representatives and constituents. Had it not been for Wikileaks52 publishing several chapters of the free trade agreements under discussion, the necessary public debate could not even have gotten started. 38. The Committee on Economic, Social and Cultural Rights has issued pertinent general comments: No. 12 on the right to adequate food (art. 11), paragraphs 19 and 36 (“States parties should, in international agreements whenever relevant, ensure that the right to adequate food is given due attention”), No. 14 on the right to the highest attainable standard of health (art. 12), paragraph 39 (“In relation to the conclusion of other international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to health”) and paragraph 41 prohibiting embargos or sanctions on medicines and medical equipment; No. 15, on the right to water (arts. 11 and 12), paragraphs 31 and 35–36 (“States parties should ensure that the right to water is given due attention in international agreements and, to that end, should consider the development of further legal instruments. With regard to the conclusion and implementation of other international and regional agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to water”); No. 18 on the right to work (art. 6) and No. 19 on the right to social security (art. 9).53 39. These commitments are further strengthened by ILO Conventions 14, 29, 77, 78, 87, 95, 98, 102, 105, 138, 169 and 182. Also of relevance are WHO Conventions and other international treaties including the Convention for the Safeguarding of the Intangible Cultural Heritage, the Convention concerning the Protection of the World Cultural and Natural Heritage, and the United Nations Framework Convention on Climate Change. 50 51 52 53 14 Article 1 of Wilson’s 14 Points already warned against secret treaties. Article 102 of the Charter of the United Nations requires treaties to be published. Even if bilateral investment treaties and free trade agreements have been partly published, they possess no democratic legitimacy unless the public can participate in negotiation and adoption. Some observers have articulated the fear that one reason for the worldwide surveillance of private citizens may be to predict when and where democratic movements are likely to arise so as to nip them in the bud. Hence the protection of the right to privacy and the prohibition of surveillance without warrant are mandated by articles 14 and 17 of the International Convenant on Civil and Political Rights. A/HRC/24/38, paras. 15–24. See also Vienna Declaration and Programme of Action, para. 8. Personal interview with Julian Assange at the Mission of Ecuador in London on 20 March 2015 wikileaks.org/tpp/pressrelease.html, wikileaks.org/tpp-investment/press.html, wikileaks.org/tisa/press.html and www.theguardian.com/media/2015/jun/03/wikileaks-documentstrade-in-services-agreement. tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en& TreatyID=9&DocTypeID=11.