Date
Type
20/04/2016
JAL
Case No
Country
Mandate(s)
BRN 1/2016
Brunei
Darussalam
Cultural Rights;
Democratic and
equitable
international
order; Freedom of
expression;
Health;
Indigenous
peoples;
International
Solidarity;
Privacy;
Summary of the allegation transmitted
Reply
30/06/2016
Alleged adverse human rights impact related to numerous provisions within the
Trans-Pacific Partnership (TPP). According to the information received, the TPP
was drafted opaquely, without broad consultations, preventing certain stakeholders,
including indigenous peoples, from meaningfully participating in the negotiation
process. Certain provisions of the TPP related to intellectual property rights may
have a detrimental effect on the realization of the right to the highest attainable
standard of physical and mental health, to live in a clean environment, to enjoy the
benefits of scientific progress and to participate in cultural life. Serious concern is
expressed at provisions relating to the dispute settlement mechanisms before which
individuals do not have legal standing and thus are deprived of the right to an
effective remedy, and at the investor-State dispute resolution mechanism, which
allows investors to challenge laws and policies that promote and protect human
rights. The negative impact on access to medicines by the TPP was the subject of a
previous communication sent on 19 July 2011, see A/HRC/19/44, case nos. AUS
4/2011, BRN 1/2011, CHL 3/2011, MYS 8/2011, NZL 1/2011, PER 3/2011, SGP
2/2011, USA 13/2011 and VNM 5/2011.
A/HRC/33/32
49
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