16/07/2015

TTIP and UN Treaty the EU must stand up for Human

Rights

Human rights violations by companies happen on a daily basis and all

too often go unpunished. Last week, discussions took place at the UN in
Geneva to introduce international regulation holding businesses
accountable for the damage they cause, and provide affected
communities with access to justice. While the EU chose not to
participate in these discussions, it has however engaged in another
round of TTIP negotiations, closing this Friday. We are left questioning
who the EU is really standing up for, its citizens or corporate profit?
Despite public opposition - an online anti-TTIP petition has so far raised over 2.3
million signatures - the tenth round of negotiations on the controversial
Transatlantic Trade and Investment Partnership, better known as TTIP, started
this Monday in Brussels. The EU Commission is eagerly working with US
representatives and corporate stakeholders in creating a deal that will benefit
foreign investors and offer them the best possible protection, enforceable rights
and remedies. This comes in striking contrast to the EU delegations interrupted
engagement during last weeks discussions at the UN regarding an international
instrument to regulate corporate behaviour and to help victims of corporate
abuse seek justice when their rights are violated.
In fact, the first session of the United Nations Intergovernmental Working Group
towards a binding Treaty on Transnational Corporations (TNCs) and other
business enterprises with regards to human rights, which took place 6-10 July in
Geneva, began with a European objection to the programme of work. The EU and
few Member States present in the room asked for a broad interpretation of the
Treatys mandate to include all businesses and not just TNCs. When, a day later,
their proposal still found no support among other States, the EU block chose to
retreat from the discussions.
The issue of scope enlargement asserted by the EU is supported by both civil
society organisations and human rights experts. It is undeniable that while
addressing the specific challenges posed by transboundary corporate activities,
to avoid creating loopholes, the future Treaty must take into consideration
corporate complexities and encompass all businesses, not just TNCs.
The predicament is that rather than raising its arguments constructively in a
dedicated session, the EU chose to introduce them as preliminary conditions
before the start of discussions. This led to a foreseeable delay in the
proceedings, and was later used by the EU to step-out from the discussions.
Looking back, it is hard not to wonder if the EUs take it or leave it attitude was

indeed a political faux pas, or a plan to derail discussions and create an exit
strategy.
Adopting an empty chair policy in Geneva instead of engaging in a productive
debate, next to the strong trans-institutional push for the Commission-backed
TTIP, paints a grim picture of a Europe that puts corporate interest ahead of
human rights and companies before people.
We are at a turning point and the European and world populations future relies
on ending irresponsible and unscrupulous business practices and ensuring
access to justice on a national, regional and international level. The process of
making human rights globally enforceable must become a priority for the EU
and Member States. This can only be achieved through the development of
comprehensive regulation establishing clear rules and effective accountability
mechanisms rendering abuses a costly and risky business venture.
The EU must set itself apart from States like the US, Canada or Australia and
prove it is not only claiming to be a human rights defender but actually is one,
both at home and abroad. During the Geneva talks a consensus about the
necessity of a binding instrument was reached among many participating States,
experts and civil society. All parties agreed that developing transnational
regulation is essential to addressing the legislative gaps which have left victims
disarmed in their fight for justice. It would also be a mandatory step in
rebalancing the power between host states and foreign investors, and assuring
that peoples rights come before transnational agreements and private financial
gain. The EU needs to engage constructively and in good faith in the Treaty
process to deliver an historical advance for human rights and end corporate
impunity.
Jerome Chaplier
Coordinator, European Coalition for Corporate Justice
Paul de Clerk
Coordinator, Friends of the Earth Europe Economic Justice Program
Karim Lahidji
President, FIDH