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Article

24 Oct 2016

Author:
ESCR-Net

UN intergovernmental working group joined by the International Network on Economic, Social and Cultural Rights

...In this first substantive panel we would like to highlight two overarching issues for consideration [...]. 

Firstly [...] we again encourage [...] the need for States to uphold all their human rights obligations above all else, ensuring that trade and investment systems [...] must not interfere with the States’ obligations to uphold the primacy of human rights. As such, we recommend the future binding instrument ensure States refrain from being party to such trade and investment regimes, where the provisions interfere with their ability to meet their human rights obligations...

... The second overarching concern relates to the issue of undue influence of corporate representatives on the development and implementation of national policy and legislation [...] We urge States to recognise that in certain areas there exists a conflict of interest between the involvement of corporate representatives directly in the formation and implementation of policy and legislation [...] we call on States [...] to consider the inclusion of a general ‘good governance and conflict of interest mitigation’ provision into the text of the future instrument...