Trade Agreements and Business Activities
ICESCR Arts: 1 | 2
LOIPR Paras: 2
SDGs: 10 | 17
18.
The Commission has highlighted to the previous Government the importance of
transparency and public participation in the negotiation and implementation of trade
agreements.11 The concerns include the requirement for the State to maintain its
ability to meet human rights obligations such as economic, social and cultural rights
when pursuing business related policy objectives with other states or business
enterprises via treaty agreements.
19.
It is notable that the State is yet to take steps to ensure that the UN Guiding Principles
on Business and Human Rights are reflected in relevant public policy instruments and
guidelines. This includes Government procurement practices. While the All of
Government Procurement Guidelines refer to the need to have regard to
international obligations, there is no corresponding guidance or training for
government officials on what this requires in practice. The Commission is working on
improving understand among officials and would welcome the Committee
emphasising the importance of the State leading by example in ethical procurement.
20.
The Commission further considers that the Government should develop a
transparent, publicly accessible trade strategy that is explicitly aligned with the
advancement of New Zealand’s human rights and Treaty of Waitangi obligations. The
Commission considers the EUs Trade for All trade and investment strategy predicated
upon the principles of Effectiveness, Transparency and Values (including human
rights) provides a useful template in this regard. The Commission also considers that
a procedural mechanism, such as a human rights impact analysis or similar process,
should be implemented to ensure that those obligations are specifically considered
during the negotiation of the agreement and appropriately included under its terms.
Recommendation 3
a. Develop a Trade Strategy, along the lines of the EU Trade for All trade and
investment strategy, that compels a high level of transparency and public
participation in future trade negotiations and which implements the Waitangi
Tribunal recommendations regarding processes for engaging with Māori.
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