procedures often call on states to undertake human rights impact assessments regarding the trade
and investment agreements they negotiate and implement.221
The Special Rapporteur on food has provided states with detailed guidelines on how human
rights impact assessments should be prepared to ensure the trade and investment agreements into
which they enter are consistent with their obligations as stipulated by international human rights
instruments222 (see section below on human rights impact assessments).
The CESCR, for example, requested that developed and developing states take economic, social and
cultural rights into account in bilateral as well as multilateral trade and investment agreements. This
has been emphasised as an extraterritorial obligation, for example, in the case of Switzerland (in
reference to the consequences of its foreign trade policies on its partner country’s population)223 and
as a domestic obligation, for example, in the case of Tunisia (in reference to impacts on their own
vulnerable populations).224
Monitoring bodies’ efforts have acknowledged that, while foreign investment and liberalisation may
bring a country economic rewards, such investments are often sought and implemented without
detailed consideration of risks or possible adverse effects; the cost of attracting foreign or private
investment or entering into trade agreements is frequently left out of the equation.
One question to which special procedures and treaty bodies have paid little attention in relation to
trade liberalisation is reducing tariff revenues. The cost to a country that arises from reduced tariff
revenues – in terms of foregone income and administrative expense related to tax collection – is
usually not factored into the equation when calculating the opportunity costs that arise from trade
liberalisation agreements. This is an area that special procedures and treaty bodies might want to
look at in more detail, to help shape future resource mobilisation policies and trade agreements in
ways that are human rights consistent. They should follow human rights guidelines in the Guiding
Principles on human rights impact assessments of trade and investment agreements as developed
by the Special Rapporteur on food.225 The Guidelines state, for example, that ‘States should not
enter into trade or investment agreements that would require them to adopt measures, such as
lowering a tariff or strengthening intellectual property rights, that would result in an infringement of
human rights they have agreed to uphold’226 and ‘States should refrain from concluding agreements
221 See, eg, CESCR, Concluding Observations Kenya E/C.12/KEN/CO/2-5 (2016), para 14; Concluding Observations
Tunisia E/C.12/TUN/CO/3 (2016), para 19; and Concluding Observations Costa Rica E/C.12/CRI/CO/4 (2008).
CRC, Concluding Observations Turkey CRC/C/TUR/CO/2-3 (2012), para 23; Concluding Observations Republic of
Korea CRC/C/KOR/CO/3-4 (2012), para 27. See also CEDAW, Concluding Observations Columbia CEDAW/C/COL/
CO/6 (2007), para 29; Concluding Observations Philippines CEDAW/C/PHI/CO/6 (2006), para 26; and Concluding
Observations Guatemala CEDAW/C/GUA/CO/6 (2006), para 32. See also ‘Report of the Special Rapporteur on food
on his mission to the World Trade Organisation’ (2009) A/HRC/10/5/Add.2, paras 37–38.
222 ‘Addendum to the Report of the Special Rapporteur on food, Olivier De Schutter on Guiding principles on human
rights impact assessments of trade and investment agreements’ (2011) UN Doc A/HRC/19/59/Add.5.
223 See, eg, E/C.12/CHE/CO/2-3 (2010).
224 E/C.12/TUN/CO/3 (2016), para 19.
225 ‘Report of the Special Rapporteur on food, Olivier De Schutter’ (2011) UN Doc A/HRC/19/59/Add.5.
226 ‘Report of the Special Rapporteur on food, Olivier De Schutter’ (2011) UN Doc A/HRC/19/59/Add.5, para 2.2.
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The Obligation to Mobilise Resources: Bridging Human Rights, Sustainable Development Goals, and Economic and Fiscal Policies December 2017
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