Title page
Contents
Summary 4
01. Introduction 6
1.1. Trade and human rights: an intensifying debate 6
1.2. What do we mean by human rights monitoring of trade agreements? 9
1.3. What are the main reasons for undertaking human rights monitoring of trade agreements? 12
02. Opportunities for human rights monitoring 16
2.1. Consultative mechanisms established under the terms of trade agreements 17
2.2. Periodic evaluation exercises under the terms of FTAs 21
2.3. Bespoke or supplementary arrangements under a side agreement or MoU 22
2.4. Miscellaneous cooperative follow-up activities 24
2.5. Unilateral ex post evaluations and reviews 24
2.6. Monitoring as an outcome of complaints or dispute resolution processes 26
2.7. Summary 27
03. Human rights monitoring and GSP schemes 29
3.1. Background 29
3.2. Human rights monitoring under EU GSP schemes 30
3.3. Human rights monitoring under the US GSP scheme 36
3.4. Some reflections on experiences with human rights monitoring in the context of GSP schemes 38
04. Could human rights monitoring of trade agreements be improved? 43
4.1. Assessing the status quo 43
4.2. Structural, practical and political matters 45
4.3. The vital importance of political support and investment 60
05. Conclusion 63
About the authors 65
Acknowledgments 66
Table 1. Key similarities and differences between different types of human rights monitoring arrangements 28
Table 2. An overview of the EU GSP scheme layers (Standard GSP, GSP+ and EBA): human rights conditions and compliance checks 31
Table 3. Key attributes of different types of human rights monitoring activities relevant to the trade context, arranged by type of activity and objective 45
Table 4. Overview of possible limitations of consultative bodies as human rights monitoring tools and relevant trade-offs 51
Table 5. Overview of possible limitations of ongoing or periodic evaluations (unilateral) as human rights monitoring tools and relevant trade-offs 55
Table 6. Overview of possible limitations of periodic evaluations (joint and/or reciprocal) as human rights monitoring tools and relevant trade-offs 60
Figure 1. A bird's eye view of the regular consultative arrangements and bodies established under the trade and sustainable development chapters of EU FTAs (excluding ad hoc dialogue and... 18
Figure 2. A bird's eye view of the regular consultation arrangements established under the CPTPP (excluding ad hoc dialogue and dispute resolution processes) 19
Boxes
Box 1. A brief note on the terminology used in this research paper 11
Box 2. How do human rights monitoring processes contribute to better risk management? 14
Box 3. Trade union rights in Colombia 27
Box 4. The EU's approach to compliance and performance monitoring under the GSP+ scheme 32
Box 5. An overview of the European Commission's approach to monitoring compliance by GSP+ countries with human rights eligibility criteria 33
Box 6. Internationally recognized worker rights covered by the US GSP scheme 37
Box 7. Balancing different human rights needs: the EU's decision to partially withdraw Cambodia's preferential access to the EU market against the background of the COVID-19 pandemic 41
Box 8. Dispute resolution processes over workers' rights in South Korea under the EU-South Korea FTA 48
Box 9. Stakeholder engagement in human rights monitoring processes: can new conferencing technologies help to foster greater inclusion and coverage? 55
Box 10. The US-Cambodia Bilateral Textile Trade Agreement 57
Box 11. How the ILO supports joint human rights monitoring efforts of trading partners in the context of development cooperation, capacity-building and technical assistance projects connected to... 59