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. 8

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