UN expert says ’no’ to free trade deals ignoring Human Rights treaty obligation
United Nations Independent Expert Alfred de Zayas Thursday urged the
UN system and Governments across the world to radically reform the
international investment regime by putting an end to free trade and
investment agreements that conflict with human rights treaty
obligations. In his full-length report to the Human Rights Council, he
also called on States "to conduct human rights, health and environmental impact assessments before and after entering into bilateral and multilateral investment agreements."
"Over the past decades free trade and investment agreements have had
adverse impacts on the enjoyment of human rights by interfering with the
State’s fundamental functions to legislate in the public interest and
regulate fiscal, budgetary, labor, health and environmental policies,"
said de Zayas, the first UN Independent Expert on the promotion of a
democratic and equitable international order.
In his report, the expert deplores the paradox resulting from
assuming conflicting treaty obligations. "States that ratify human
rights treaties also enter into agreements that prevent them from
fulfilling their human rights obligations. Revision of the investment
treaties must ensure that in case of conflict, human rights prevail," he
noted.
In his report, the expert observes that: "This dispute settlement
mechanism has mutated into a privatized system of ’justice’,
incompatible with article 14(1) of the International Covenant on Civil
and Political Rights, whereby three arbitrators are allowed to override
national legislation and the judgments of the highest national
tribunals, in secret and with no possibility to appeal. This constitutes
a grave challenge to the very essence of the rule of law".
