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