Human Rights & Trade

Human rights and trade in the Pacific: A paper on designing a Human Rights Impact Assessment for PACER-Plus

IWDA is working with researchers from La Trobe University and the University of Melbourne to undertake a collaborative and innovative desk-research project to identify the appropriateness and potential structure of a gendered Human Rights Impact Assessment (HRIA) for the PACER-Plus trade agreement. This research paper will build the Australian and Pacific Island NGO sector’s knowledge of intersections between human rights and trade, develop appropriate and ‘Pacific specific’ methodologies for undertaking a HRIA, and provide a basis for sector-wide advocacy to strengthen the delivery of AusAID’s Aid for Trade program, and coherence between AusAID’s sustainable development objectives and trade negotiation processes.

Background

At the 2009 Pacific Islands Forum Leaders’ Meeting, held in Cairns, Australia, Pacific leaders agreed to begin negotiations for a regional trade agreement between the Pacific island countries and Australia and New Zealand.  The Pacific Agreement on Closer Economic Relations (PACER) Plus negotiations are likely to result in a binding international agreement that will affect Pacific economies and societies for decades to come.  

While trade agreements like PACER-Plus are generally designed to increase cross border trade and contribute to economic growth, it is well known that obligations contained in trade agreements can have implications for the ability of governments to realise, protect and fulfil a range of universal human rights, including for example the right to health and the right to food.  Negative impacts in these domains are likely to be disproportionately borne by women – especially in their traditional role of primary caregivers. IWDA highlighted the gender dimensions of trade agreements and called for gender analysis to be a core part of progressing Pacific trade negotiations in a fact sheet on gender and trade.  This formed the basis of IWDA’s submission to a Department of Foreign Affairs and Trade inquiry on the PACER-Plus agreement.  You can read Claire Rowland’s thoughts on the discussion of the issues at the Economic Opportunities for Pacific Women in Business here.  Participants were clear that giving women a voice on trade, and analysing and addressing potential gender impacts are not optional extras.

Currently there is a lack of coherence between international trade law on the one hand (as embodied by bilateral and multilateral trade agreements) and international human rights law on the other.  Trade negotiators are often unaware of the obligations to which human rights give rise to, or feel that the nature of those obligations is vague and unclear[1].  However we do know that Australia and New Zealand have obligations to ensure that any new free trade agreements that they sign with other parties do not adversely affect the realisation of human rights in those countries[2].

In recent years, there have been growing calls worldwide for Human Rights Impact Assessments (HRIAs) to be undertaken in relation to new trade agreements, with the goal of improving trade governance and ensuring that human rights are protected (see for example: Harrison 2008, 3D 2009).  In 2009, the United Nations Special Rapporteur on the Right to Health, and the United Nations Special Rapporteur on the Right to Food, both released reports that highlighted the potential for free trade agreements to adversely affect human rights.  Furthermore, the United Nations Office of the High Commission for Human Rights – Representative for the Pacific, Matilda Bogner, has expressed a keen interest in seeing a Human Rights Impact Assessment undertaken in relation to the PACER-Plus negotiations[3]. 

This small research project will be a ‘scoping study’ regarding a Human Rights Impact Assessment for PACER-Plus and will assess a number of key questions, including: 

- How might a HRIA contribute to the design of a new trade agreement between Australia, New Zealand and the Pacific island countries, and what precedence worldwide is there for undertaking a HRIA in relation to trade agreements?  

- What are the key areas in which PACER-Plus has the potential to impact on the realisation of human rights, and what are priority issues of concern? 

- Who would be the best agency to undertake a HRIA for PACER-Plus (the UN?, national governments?, the Pacific Islands Forum Secretariat? a regional advisory group?)

- When should a HRIA be undertaken? (Upon the completion of negotiations? Before negotiating proposals are made?)

- What would be the best methodology for undertaking a HRIA, and how might the findings of such an assessment be incorporated into the PACER-Plus negotiations?

These questions will be addressed through desk research, including an extensive literature survey, and brief telephone and email interviews with key actors and agencies in the Pacific.  These will include staff the Pacific Islands Forum Secretariat, the Office of the Chief Trade Advisor (in Port Vila), the UN Office of High Commission for Human Rights – Representative for the Pacific, and a number of Pacific NGOs, church groups and trade unions – including the Pacific Network on Globalisation, Oxfam Australia and Oxfam New Zealand, Fiji Women’s Rights Movement, the Pacific Conference of Churches, the South Pacific and Oceanic Council of Trade Unions and others. 

Communicating findings

The researchers will present the findings at public forums, including a half-day forum in Melbourne and in Sydney.  The forums will serve a dual purpose of sharing findings and providing space for interested ACFID members and researchers to develop further cross-organisational linkages, advocacy positions and research agendas.

Desired impact

This project will forge research links between IWDA, La Trobe University, and the University of Melbourne, bringing together development experience and research expertise from the region, and providing opportunities for early career researchers to build on their experience and skills with the support of more experienced researchers. 

The scoping study will provide a platform for further research in relation to human rights and trade in the Pacific island countries.  Specifically, it is hoped that this project will provide the basis for a more comprehensive Human Rights Impact Assessment to be undertaken for PACER-Plus.  This research project complements ongoing advocacy work by both ACFID members (including the International Women’s Development Agency (IWDA), Oxfam Australia, Uniting World and the ACFID Secretariat itself) and partner organisations in the Pacific – calling for PACER-Plus to focus on the goals of sustainable development and poverty reduction.

 IWDA will contribute to engendering the research project, support partner agencies in the Pacific to engage in the research process, and use the project outcomes in PACER-Plus advocacy work.  The Health Cluster of the La Trobe Institute for Human Security was a co-organiser of a workshop on PACER Plus and Health (Melbourne, April 12-13), along with the Public Health Association of Australia and the People’s Health Movement.  Speakers raised concerns about possible negative impacts of PACER Plus on health, nutrition and gender equity in the Pacific.

Claire Rowland, IWDA’s Pacific research  coordinator, will be involved in designing the research paper and reviewing it as it is developed.  The project will benefit from the oversight of external experts including Warwick University (UK) Professor of Law James Harrison, who has written extensively on using Human Rights Impact Assessments to improve free trade agreements (see for example Harrison 2009, Harrison 2008); and Sanya Reid-Smith, who works in Geneva as a legal adviser for the Third World Network, and has previously campaigned for a Human Rights Impact Assessment for the Thai-US Free Trade Agreement. 

Personnel

David Legge is an associate professor in the School of Public Health at La Trobe University where he teaches international health policy. His research interests include health policy in China, globalisation and health and global health governance.  David is active in the People’s Health Movement, a global network of advocacy and community-based health organisations. In this capacity he is the global coordinator of the International People’s Health University which runs a program of short courses for health activists in developing countries. 

Claire Rowland worked as IWDA’s Fiji Program Manager for two years and is now focused on a number of IWDA’s research activities, as a co-investigator on ADRA funded research projects with the Institute for Sustainable Futures (University of Technology, Sydney) and the University of Western Sydney, Fiji National University and Macquarie University.  She is also a resource person for an ARC-funded research project with the Australian National University, Assessing Development. 

Wesley Morgan is an independent consultant currently undertaking a Masters by Research at Melbourne University, exploring options for a ‘pro-development’ trade agreement between members of the Pacific Islands Forum.  He lived in Suva, Fiji – and worked on Pacific trade policy – from 2006 to 2009.

Roshni Sami headed the Suva-based Pacific Network on Globalisation (PANG) from 2006 to 2008.

Download Human rights and trade in the Pacific: A scoping study on designing a Human Rights Impact Assessment for PACER-Plus

---

[1] For discussion see 3D. 2009. Human rights impact assessments: A pertinent tool for informing and improving trade governance?   3D – Trade, Human Rights, Equitable Economy, Geneva. See: http://www.3dthree.org/pdf_3D/3D_WTOPF2009_panelHRIAsummary.pdf

[2] To take the right to health as a specific example, under the International Covenant on Economic, Social and Cultural Rights, which Australia and New Zealand ratified in 1975 and 1978 respectively, State parties are obliged to take steps (individually or through international assistance and cooperation) towards the full realization of Covenant rights (article 2(1), as interpreted by CESCR General Comment No. 3 (1990)). In relation to the right to health, this includes the obligation to respect the right to health in other countries, to give due attention to the right to health in international agreements and to take steps to ensure those agreements do not adversely impact on the right to health (article 12, as interpreted by CESCR General Comment No. 14 (2000)).  See: http://www2.ohchr.org/english/bodies/hrcouncil/docs/11session/A.HRC.11.12_en.pdf

[3] In discussion with proposed the proposed researchers.

Posted in | Comments Off