FIDH believes that the gap between the EU and the Central America countries in terms of economic, social development and regional integration is
such that an a priori «mutually beneficial» Free Trade Agreement can have negative impacts on the well-being of population and on the respect of human rights of the two regions if specific measures are not taken.
1. Conduct independent and participatory impact assessments
Impacts on Human Rights, and in particular on economic, social and cultural rights should be included in such an assessment, which should be independent and participatory. This inclusion would bring the parties to the Agreement in conformity with the recommendations of the UN Committee on Economic Social and Cultural Rights, as well as with the various UN Special rapporteurs on economic, social and cultural rights. Recommendations of such impact assessments should lead to the introduction of effective flexibilities and safeguards
2. Introduce flexibilities and safeguards
Given the differences between the two regions, FIDH is concerned asymmetries be limited to a minimum. The need for compliance with WTO agreements cannot be used as an argument to establish a reciprocal FTA, whereas the principle of special and differential treatment for developing countries are explicitly acknowledged by the WTO. Safeguard clauses should be introduced in support of a party when a rise in imports from the otherparty is causing or threatening to cause serious injury to its domestic industry. Such safeguards should cover all sectors of the Agreements and not be limited to the agricultural sector. The Agreements should also allow for countries of the Andean Community and Central America to be able to benefit from more flexible and progressive tariff-reduction.
3. Exclude Essential Services from the negotiations In order to ensure States’ rights and duty to regulate in all the fields that can affect the enjoyment of human rights (health, water, education, culture, etc.), essential services should not be included in the negotiations on services. States should also maintain the possibility regulate in the field of other services.
4. Make sure Intellectual Property Rights do not prevent countries to fulfil the right to health.
Article 12 of the International Convenant on Economic, Social and Cultural Rights, to which all EU member States are parties mentions that « the States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health » and that, in order to achieve this objective, the States Parties should among others create « the conditions which would assure to all medical service and medical attention in the event of sickness. » In this respect, The Committee on Economic, Social, Cultural rights stressed on the potential risk of undermining the effectiveness of the Right to Health if proper balance between Intellectual Property Rights and Right to Health is not set by the States.
5. Exclude the « Singapore Issues » from the negotiations
FIDH is concerned with the reintroduction in the proposed Association Agreements of the « Singapore issues » (investment protection, competition policy, transparency in government procurement, trade facilitation) which were dropped in the Doha work programme on demand of developing countries. The FIDH believes the EC should not push for the issues
being integrated in the agenda without any previous independent human rights impact assessments.