1. Sustainability and human rights in EPAs: Dr San Bilal (& Isabelle Ramdoo) German Federal Ministry for Economic Cooperation and Development BMZ, Berlin, 19 October 2016 A comparative analysis between the Caribbean and African EPAs

2. Outline 1.Principles 2.Human rights (HRs), labour rights, social and environmental standards in Economic Partnership Agreements (EPAs) with East (EAC), West (ECOWAS) and Southern (SADC) Africa, compared to Caribbean (CAROFRUM) EPA 3.EPAs and Cotonou Agreement, post-2020 4.EPA process and beyond 5.Fostering sustainable development: e.g. value chains

3. 1. Sustainability and HRs principles EU core principles: sustainability and HRs, also in external policy (consolidated in Lisbon Treaty on EU) 2030 Agenda on sustainable development & Paris Agreement EU Trade for All Strategy: sustainability key pillar EU approach in trade: HRs (essential elements) & 3 pillars of sustainability: social issues and labour rights; environmental sustainability; economic sustainability EU FTAs: Trade and Sustainable Development (TSD) chapter EPAs: about development => whole agreement to be assessed against development objectives, including HRs and sustainability

4. 2. Sustainability and HRs in EPAs EU-CARIFORUM EPA: most comprehensive EPA, also in HRs and sustainability coverage (= benchmark) EAC, ECOWAS and SADC EPAs less thorough EPAs contain explicit references to EU-ACP Cotonou Partnership Agreement, which contains HRs and sustainability clauses SADC EPA references to labour and social standards (ILO and CSR), and to environmental sustainability, non existent in EAC and ECOWAS EPA  African EPAs less elaborated provisions than EU FTAs  African EPAs anchored in Cotonou Agreement

5. 3. EPAs in post-Cotonou 2020 EPAs refer to Cotonou Agreement: essential elements clauses, Cotonou acquis, some to specific provisions Cotonou Agreement expires in 2020 => what EPA commitments beyond 2020? Possible challenge: no obligation without Cotonou Likely legal interpretation: EPA parties recognize Cotonou principles, valid beyond 2020 Consider EPA institutions and process

6. 4. EPA process and beyond EPAs institutional framework: EPA joint institutions, Consultative Committee: consider all dimensions of development, HRs and sustainability, also beyond EPA (SADC EPA: no Consultative Committee) Review and monitoring of the EPAs: assess impact, ensure sustainability and HRs dimensions EPAs development cooperation chapter: accompany EPA implementation, including sustainability and HRs Rendez-vous and revision clauses: no static EPA, subject to adaptation, also on HRs and sustainability Beyond EPAs: International and EU commitments, voluntary codes of conducts, responsible business practices, etc. (UN, ILO, OECD, …); e.g. German Partnership for sustainable textiles, EU Garment Initiative => Constructive engagement

7. 5. Fostering sustainable development: the case of value chains EPAs aim at fostering reforms and building regional markets for sustainable development EPAs direct impact on trade, with EU and among regional partners (regional preferences) and cumulation (rules of origin) => strengthening the competiveness of some African value chains? EPAs indirect/economy-wide effects: lock in effect of reforms, investment, aid for trade, sustainability and HRs => support sustainable value chains Case studies: dairy in Kenya; horticulture and fisheries in Namibia Little direct effects: secure current market access, … More potential through indirect effects: e.g. support supply value chains and agro-processing in EAC EPA, agri-partnerships and SPS in SADC EPA  EPA implementation, support measures and constructive engagement as part of broader sustainability, development & reform strategy

8. Thank you www.ecdpm.org Sign up to ECDPM free news and analysis http://ecdpm.org/subscribe/ Page 8 Dr San Bilal Senior Executive Head of the Economic Transformation and Trade Programme Editor of ECDPM GREAT Insights (http://ecdpm.org/great-insights/ )http://ecdpm.org/great-insights/ Brussels office E-mail: sb@ecdpm.org Twitter @SanBilal1sb@ecdpm.org http://ecdpm.org/people/sanbilal/ & Isabelle Ramdoo