UN rights expert urges States not to sign the ‘flawed’
CETA treaty and put it to referendum
GENEVA (28 October 2016) – The trade deal set to be signed
by the European Union and Canada is a corporate-driven, fundamentally flawed
treaty which should not be signed or ratified without a referendum in each
country concerned, a United Nations human rights expert says.
Alfred de Zayas, the UN Independent Expert on the
promotion of a democratic and equitable international order, deplored the
pressures brought on the Belgian regional parliament of Wallonia, which
initially said it would not approve the treaty but later said its concerns had
been met. “A culture of bullying and
intimidation becomes apparent when it comes to trade agreements that currently
get priority over human rights,” the expert said.
In his reports to the Human Rights Council and General
Assembly Mr. de Zayas has previously warned that CETA is incompatible with the
rule of law, democracy and human rights, and substantiated how and
why before the Parliamentary Assembly of the Council of Europe.
He believes that both CETA and TTIP - the Trans-Atlantic
Trade and Investment Partnership currently being negotiated by the EU and the
US - give undue power to corporations at the expense of national governments
and human rights, and deplores that the mere existence of investor-state
dispute settlement generates a regulatory chill.
“The danger of CETA and TTIP being signed and one day
entering into force is so serious that every stakeholder, especially
parliamentarians from EU Member States, should now be given the opportunity to
articulate the pros and cons. The
corporate-driven agenda gravely endangers labour, health and other social
legislation, and there is no justification to fast-track it” Mr. de Zayas
said.
“Civil society should demand referendums on the approval
of CETA or any other such mega-treaty that has been negotiated behind closed
doors,” he noted.
The expert said the EU should have heeded expert warnings
and strong civil society opposition to CETA.
His specific concerns include provisions which he says could hamper
States’ regulatory powers and could allow investment companies to sue over
legislation affecting profits, even in cases where the laws were designed to
protect workers’ rights, public health or the environment.
States should not sign the agreement unless their powers
to regulate and legislate in the public interest are fully safeguarded and the
so-called “investment protection” chapter is removed.
“This chapter creates privileges for investors at the
expense of the public,” said Mr. de Zayas, noting that the new text may
slightly amend this chapter but adding that the Investment Court System (ICS)
is similarly incompatible with the International Covenant on Civil and
Political Rights, which requires legal cases to be heard by transparent,
accountable, independent public tribunals.
“The associations of German and Spanish judges have
already decried this kind of investor-State dispute settlement, which is a
one-way street, and also discriminates against domestic enterprises, Moreover,
ICS is not necessary when all participating States are parties to the ICCPR and
already have public courts that are independent, transparent and accountable,”
he said.
“CETA – along with most trade and investment agreements –
is fundamentally flawed unless specific provision stipulates that the
regulatory power of States is paramount and must not be impacted by a
regulatory chill. It must also be clear
that in case of conflict between commercial treaties and human rights treaties,
it is the latter that must prevail.”
The expert said there was now a strengthened case for a
legally binding instrument on corporate social responsibility, obliging
transnational corporations not to interfere in the internal affairs of States,
and imposing sanctions when they pollute the environment or shift their profits
into tax havens. The Human Rights Council has established an inter-governmental
working group on transnational corporations, which is holding its second
session this week. Mr. de Zayas, who has
participated in this working group, urges the prompt adoption of a treaty that
makes the Guiding Principles on Business and Human Rights legally binding and
enforceable.
He also said it was time to discuss the secrecy
surrounding the drawing up of the CETA treaty, and the anomaly that much of the
information about it became available only through whistleblowers, in violation
of State obligations to ensure open access to information.
“The constitutionality of the CETA and TTIP agreements
should be tested before the European Court of Justice in Luxembourg, and the
human rights aspects before the European Court of Human Rights, which could be
called upon to issue interim measures of protection,” said Mr. de Zayas.
“National courts should also test the compatibility of
the agreements with national constitutions,” the Independent Expert stated.
“There is a legitimate fear that CETA will dilute
environmental standards, food security, and health and labour protection,” he
said. “A treaty that strengthens the position of investors, transnational
corporations and monopolies at the expense of the public interest conflicts
with the duty of States to protect all people under their jurisdiction from
internal and external threats.”
Mr. de Zayas said the EU should have paid greater
attention to a warning from a committee of Members of Parliament from the
Parliamentary Assembly of the Council of Europe.
The Committee on Social Affairs, Health and Sustainable
Development said earlier this month that CETA imposed unacceptable restrictions
on the legislative powers of national parliaments, and called for the signing
to be postponed.
NOTE TO EDITORS:
The UN Independent Expert devoted his 2015 report to the
UN Human Rights Council to the adverse human rights, health and environmental
impacts of so-called free trade agreements such as CETA, TPP, TTIP and TISA.
Check the report (A/HRC/30/44):
http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx
Mr. de Zayas focused his 2015 report to the UN General
Assembly on the incompatibility of Investor-state-dispute-settlement
arbitrations with fundamental principles of transparency and accountability.
Check the report (A/70/285): http://www.un.org/en/ga/search/view_doc.asp?symbol=A/70/285
ENDS
Mr. Alfred de Zayas (United States of America) was
appointed as the first Independent Expert on the promotion of a democratic and
equitable international order by the Human Rights Council, effective May 2012.
He is currently professor of international law at the Geneva School of
Diplomacy. Learn more, log on to:
http://www.ohchr.org/EN/Issues/IntOrder/Pages/IEInternationalorderIndex.aspx
The Independent Experts are part of what is known as the
Special Procedures of the Human Rights Council. Special Procedures, the largest
body of independent experts in the UN Human Rights system, is the general name
of the Council’s independent fact-finding and monitoring mechanisms that
address either specific country situations or thematic issues in all parts of
the world. Special Procedures’ experts work on a voluntary basis; they are not
UN staff and do not receive a salary for their work. They are independent from
any government or organization and serve in their individual capacity.
For more information and media requests, please contact
Mr. Thibaut Guillet (+41 22 917 9674 / tguillet@ohchr.org) or write toie-internationalorder@ohchr.org
You can access this press release at:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20787&LangID=E
For media inquiries related to other UN independent
experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917
9383 / xcelaya@ohchr.org)
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