A/HRC/30/44
(c)
Insertion of safeguards in the agreement;
(d)
Provision of compensation by third-State parties;
(e)
Adoption of mitigation measures.
28.
Each State should define how to prepare human rights impact assessments of trade
and investment agreements it intends to conclude or has entered into. The procedure,
however, should be guided by a human rights-based approach, and its credibility and
effectiveness depend on the fulfilment of the following minimum conditions:
(a)
Independence;
(b)
Transparency;
(c)
Inclusive participation;
(d)
Expertise and funding; and
(e)
Status.
29.
While each State may decide on the methodology by which human rights impact
assessments of trade and investment agreements will be prepared, a number of elements
should be considered:
(a)
Making explicit reference to the normative content of human rights
obligations;
(b)
Incorporating human rights indicators into the assessment; and
(c)
Ensuring that decisions on trade-offs are subject to adequate consultation
(through a participatory, inclusive and transparent process), comport with the principles of
equality and non-discrimination, and do not result in retrogression.
30.
States should use human rights impact assessments, which aid in identifying both
the positive and negative impacts on human rights of the trade or investment agreement, to
ensure that the agreement contributes to the overall protection of human rights.
31.
To ensure that the process of preparing a human rights impact assessment of a trade
or investment agreement is manageable, the task should be broken down into a number of
key steps that ensure both that the full range of human rights impacts will be considered,
and that the assessment will be detailed enough on the impacts that seem to matter the
most:
32
(a)
Screening;
(b)
Scoping;
(c)
Evidence gathering;
(d)
Analysis;
(e)
Conclusions and recommendations; and
(f)
Evaluation mechanism.
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