ABSTRACT

Over the years the cooperation relationship between the European Union (EU)1 and at present almost 80 developing countries in Africa, the Caribbean and the Pacific has built a long-standing record in integrating development, human rights and, as of more recently, democratic principles and governance concerns.2 While this record is strong and fairly clear in the sphere of development aid, so far the trade part of African, Caribbean and Pacific (ACP)–EU relations has lagged behind in showing sensitivity to human rights concerns. This chapter argues that it is high time to extend the full bearing of human rights norms and commitments to the realm of ACP-EU trade as well. While this is likely to entail more serious consideration by both the ACP and EU states of the human rights impact of their trade relations, and other more direct linkages (positive and negative) between trade and human rights, this chapter in the first place makes the case for a broader human rights-based approach to the Economic Partnership Agreements (EPAs)3 that currently are being negotiated. After all, the states involved in the EPA negotiations have at various levels explicitly committed themselves to the promotion of ‘the economic, social and cultural development of the ACP states’ (Cotonou Agreement 2000: art. 1). According to the Cotonou Agreement, this clearly includes respect for and fulfilment of human rights norms and goals, the realization of which requires integrated strategies and a ‘coherent enabling framework’ (Ibid.: art. 20(1)). In addition, in the 2007 Treaty of Lisbon4 the EU member states have specifically reinforced their previous commitments to the promotion of respect for human rights and to consistency in the Union’s external activities in general. And, obviously, the large majority of ACP and EU states have individually ratified various global and regional international human rights instruments. The combination of these joint ACP-EU and internal EU and ACP commitments make a human rights-based approach to EPAs imperative. This position is all the more pertinent now that there are more and more indications that the EPA regimes will not necessarily contribute positively to the economic development of most ACP states, at least not in the short run. In fact, the opposite is more and more feared by various parties involved. Especially ACP states and development (and other concerned) non-governmental organizations

(NGOs) increasingly voice their concerns about EPAs carrying serious risks of significantly deteriorating the terms of ACP-EU trade. According to this negative scenario, EPAs are unlikely to strengthen the human rights implementation capacity of ACP states. Worse, the right to development, the right to a decent standard of living, the right to food including food security, the rights to health and education and a range of other important collective and individual human rights could be directly jeopardized. Such consequences would contradict the very essence of taking a human rights-based approach to development. This chapter first presents a short review of views on the likely development impact of ACP-EU EPAs and of the mandatory development and human rights (as well as, to a lesser extent, gender) agendas of both the ACP and EU states. For the latter purpose, among others the human rights-related provisions of relevant currently available initialled EPA texts will be examined. Until the EPA texts are complete and final, it is difficult for outsiders to get a clear picture of their content and state, as information has been made available only scantily. The one full EPA (CARIFORUM) and the five interim EPAs for Africa (Central Africa, Eastern and Southern Africa (ESA), Southern Africa (SADC), East Africa (EAC) and West Africa/Ivory Coast) of which initialled texts were available at the time of finalization of this chapter, showed significant substantive and procedural differences at the time (South Centre 2008: 26-7), also in the extent to and forms in which they refer to human rights. While this book addresses especially the position of African ACP states under EPA Agreements, it is nevertheless important to also consider the CARIFORUM-EU EPA – the only full EPA up to now – as it is likely to serve as a model for other regions (South Centre 2008: 34), and the 2008 amendments to the EU-South Africa Trade, Development and Cooperation Agreement (TDCA).5