A/HRC/30/22
entrusted to the Working Group by the Commission on Human Rights in its resolution
1998/72 had been implemented, with some aspects trailing behind others. She highlighted
three main factors that needed to be addressed to improve the effectiveness and efficiency
of the Working Group: political will and commitment; an effective agenda; and the
availability of means that are commensurate with the tasks entrusted to the Working Group,
including mechanisms, modalities, time, and human and material resources. She made
several recommendations, primarily procedural, to address those factors with a view to
accomplishing all aspects of the Working Group’s mandate.
B.
Events and activities
15.
OHCHR organized jointly with the Friedrich Ebert Stiftung Geneva Office a
workshop on 17 and 18 September 2014 for 24 experts, practitioners and academics in the
fields of human rights impact assessments, trade and investment. The workshop focused on
the issues involved in human rights impact assessments in trade and investment regimes,
and the role that various stakeholders, including non-governmental organizations and
OHCHR, can play in improving the effectiveness of future assessments in trade and
investment. There is increasing recognition of the potential benefits that human rights
impact assessments of trade and investment regimes can bring. In principle, these
assessments can be effective in identifying, quantifying and assessing the ways trade and
investment affect the full spectrum of human rights. Their practice, however, is beset by
challenges relating to the form they take, how and when they are conducted, the person or
body undertaking the assessment, and the use that is made of the results. The workshop
found that trade and investment processes, while not fully transparent, are subject to more
scrutiny than ever before. In most cases, a small window is open for the use of human rights
impact assessments. In addition, the political landscape is changing, with more sensitivity
towards human rights and development issues, and more discussion on the human rights
implications of investor-State dispute settlement. If human rights impact assessments are to
be effective in addressing the human rights impacts of trade and investment agreements,
further guidance, capacity-building and support for their practice is essential. Through
developing the practice of such assessments, respective roles will be balanced, creating a
more democratic and transparent process for the design, negotiation and implementation of
trade and investment agreements. Trade and investment should be about making the right
development impact on the ground and human rights impact assessments are an important,
if still modest, pathway to making that happen.4
16.
In the wake of the workshop, OHCHR is now collaborating with the Economic
Commission for Africa and Friedrich Ebert Stiftung on a potential human rights impact
assessment of the Continental Free Trade Area agreement in Africa. OHCHR prepared an
issues paper for that purpose, which was considered at a multi-stakeholder expert workshop
held on 16 and 17 April 2015 in Addis Ababa. If a human rights impact assessment were
undertaken, negotiating countries would be provided with an evidence base and policy
recommendations from which they could develop an effective and coherent approach to the
negotiations, with a view to realizing outcomes that are aligned with human rights as well
as national development commitments and priorities.
17.
With regard to investment and the right to development, OHCHR, in collaboration
with the United Nations Conference on Trade and Development (UNCTAD), organized a
panel discussion on human rights and investment policymaking at the World Investment
4
4
The report of the workshop is available at
www.ohchr.org/Documents/Issues/Globalization/Report_HRIA_Workshop.pdf.
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