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Globalisation: How the EU’s trade policy helps to promote human rights

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Globalisation and international trade can affect human rights, so the EU’s trade policy include tools to protect them. Find out how.

International trade and globalisation have great potential to create jobs in the EU and beyond. Yet, growing global competition can endanger human rights by for example leading to worker exploitation. As human rights are a priority of its foreign policy, the EU uses its trade policy to promote and protect human rights in non-EU countries through preferential trade deals, as well as unilateral trade restrictions.

Preferential trade access

One of the EU’s main tools to protect human rights and labour rights in non-EU countries is the  Generalised System of Preferences (GPS). This scheme grants 90 developing countries preferential trade access to the EU market. However, this depends on them respecting human rights. Access can be withdrawn when systematic violations occur.

The EU’s strategy is to encourage gradual progress through dialogue and monitoring. Sanctions are used only in extreme cases. Suspension of GSP preferences has occurred three times: with Myanmar in 1997, Belarus in 2007 and Sri Lanka in 2010.

While the scheme has led beneficiary countries to make legislative and institutional changes to promote human rights, implementation has been slower in a number of countries.

Trade restrictions

The EU can also impose unilateral trade restrictions or set due diligence obligations for importers to ensure that money from trade with the EU is not being used to fund conflict and human rights violations in these countries.

The EU also has strict rules to prevent the use of European goods and technologies for unethical intentions elsewhere, for example medical substances that could be used in executions..

Imports of items whose production is related to human rights violations are also restricted, including conflict minerals and objects that can be used for torture.

Import ban on conflict minerals

The EU has taken steps to ban the import of conflict related minerals.

In 2002, after recognising the impact international trade in diamonds has on human rights, the EU adopted rules that ban all imports of rough diamonds without a certificate of origin. Similarly, minerals, used in the production of, for example high-tech devices, often stem from countries afflicted by conflict. The revenue gained from minerals exported to the EU often sustained armed revolts.

To prevent the international trade in minerals from funding conflict and human rights violations, MEPs adopted in 2017 rules obliging EU importers of tin, tungsten, tantalum and gold to carry out due diligence checks on their suppliers. The regulation will be fully in force from 2021.

Export ban on torture goods

EU rules ban any trade in goods and services that may contribute to torture or execution.

Since 2004, an export control system is in place, which checks and prohibits goods that may be used to treat people badly. Authorisation is necessary for items that have legitimate purposes but that can also be used for human rights violations, such as medicinal substances.

The rules also include a ban on the marketing and transit of equipment used for cruel, inhumane and degrading treatment that have no other practical use than execution or torture, such as electric chairs or automatic drug injection systems.

Export control for trade in items that can be used to violate human rights

The EU has rules to ensure that products and technologies originally produced for civilian use in Europe cannot be used to violate human rights. Dual-use items are goods, software, or technology that, besides their original purpose, can be abused. Examples of other uses include developing weaponry, committing terrorist attacks, spying on people, or infiltrating computer systems, hacking computers, or intercepting mobile phones.

An update of the rules is being discussed featuring stricter export controls, brokering, transit and transfer of dual-use items and taking into account technological developments. Export controls are facilitated by a common EU list of dual-use items.

EU rules to prevent worker exploitation

In 2017, Parliament adopted a resolution calling for EU rules obliging textile and clothing suppliers to respect workers’ rights. It proposed a due diligence obligations system, meaning investigation into the standards of human rights before entering a trade agreement. Non-EU countries would have to comply with EU norms to produce sustainable and ethical textiles. Parliament also wants the EU and member states to promote International Labour Organisation standards on wages and working hours with partner countries in the garment sector.

Child and forced labour

A 2016 Parliament resolution calls for ways to trace evidence of forced and child labour. Measures include labelling child-labour-free products, giving trade preferences to countries that meet certain labour standards and prohibiting the import of products made by child labour.

The implementation of an effective traceability mechanism would steer towards a complete ban on such products. The resolution also calls for the combating of forced and child labour to be included in the trade and sustainable development chapters of EU agreements to promote human rights through international trade.

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Human Rights

No safe harbour: lifting the lid on a misunderstood trafficking crime

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photo © UNICEF/Noorani

The crime of harbouring, in which victims of human trafficking are accommodated or forced to stay in a specific location, is not universally understood by courts around the world. A new UN study aims to address that issue, and improve protection for victims.

A journey of exploitation

Harbouring is one of five actions that constitute an ‘act’ in the internationally recognised definition of human trafficking, and is often used by prosecutors and judges for convictions of this crime.

The act can take place before and during exploitation, or between periods of abuse, encompassing a wide variety of settings, including brothels, private homes, factories, farms, or fishing vessels.

These locations can be dangerous, inhumane and unsanitary, and cn be controlled by criminals involved in the trafficking network.  

In another case, victims who had been brought from Thailand to Australia were harboured during transit and at the place of exploitation: while being transported the victims were accommodated in hotels and accompanied by minders.

Once they were received by the offenders, the victims were either accommodated in the brothel where they were forced to work, or alternatively stayed at the offenders’ house, and were transported to and from the brothel each day.

Trafficking victims can also be subjected to harbouring once they arrive at the place of exploitation. In a case from the Dominican Republic, the offenders, a married couple, recruited a Chinese national to work in their business.

They promised to pay her and provide her with food. Instead, she was not paid, forced into domestic servitude and subjected to abuse.

A misunderstood concept

However, a new publication from the UN Office on Drugs and Crime (UNODC) has found that there is neither a uniform understanding of the act of harbouring, nor a consistent approach to this concept during court proceedings.

“Harbouring is one of the most frequent acts when committing human trafficking, but the concept is not interpreted in the same way throughout the world,” says Martin Hemmi, the UNODC expert who led the study. 

“Some countries require the victims to be concealed or moved between locations for harbouring to be considered as an act of human trafficking. Others stipulate a minimum amount of time for the harbouring process,” adds Mr. Hemmi. “It is important to fully understand the concept to get justice for victims of this crime.”

The language barrier

Further findings show there are different meanings of the word ‘harbouring’ in the various language versions of the UN Trafficking in Persons Protocol,  which is the world’s primary legal instrument to combat this crime.

In French and Arabic, the word used for harbouring has a positive connotation in the sense of hosting, while in English, Chinese and Russian, it can be perceived as having a negative meaning in the sense of hiding or concealing.

“Due to these discrepancies, the same conduct is considered human trafficking in one country but not necessarily in another,” says Mr. Hemmi.  

“This has wide consequences. For the perpetrator, it can have an effect on the sentence. For the victim, it has an impact on rights and protection measures. For the courts, it can hamper requests for legal assistance and international cooperation.” 

Wherever and however it occurs, harbouring with the intent of exploitation is an act of human trafficking and a violation of the victim’s rights and dignity, says Martin Hemmi.  

“We hope that our new study will be used by investigators, prosecutors and judges to lead to a better understanding of this terrible crime and support measures to effectively protect victims and punish traffickers,” he concludes.

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Human Rights

Only ‘real equality’ can end vicious cycle of poverty

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Children play outside a metal polishing workshop in a slum in Uttar Pradesh, India. © UNICEF/Niklas Halle'n

Although poverty and privilege “continue to reproduce themselves in vicious cycles”, it is possible to break the chain and shift the paradigm, an independent UN human rights expert told the General Assembly on Wednesday. 

Presenting his reportThe persistence of poverty: how real equality can break the vicious cycle, Special Rapporteur on extreme poverty and human rights, Olivier De Shutter, said that “with political will”, it is possible to end centuries of entrenched inequality and “move from fate to opportunity”.  

Early investment 

“Investing in early childhood, promoting inclusive education, given young adults a basic income financed through inheritance taxes, and combating anti-poor discrimination are the key ingredients needed to break the cycles of advantage and disadvantage”, Mr. De Shutter said in his statement.  

Acknowledging that many countries pride themselves on ensuring high levels of social mobility, the human rights expert stated that “the truth is that the persistence of privilege at the top, and deprivation at the bottom, are all too commonplace.” 

“The top 10 percent of people living in OECD countries control 52 percent of total net wealth, while the bottom 60 percent own just over 12 percent, condemning the poor to a lifetime of poverty”, he said. According to the report, based on data from countries which are part of the Organization for Economic Cooperation and Development (OECD), it takes four to five generations for children in low-income households to reach the mean income in their country. In emerging countries such as Brazil, Colombia or South Africa, it can take up to nine or even more generations.  

Tougher with time 

Observing that children born in disadvantaged families were denied equal opportunity, the Special Rapporteur examined the channels through which poverty is perpetuated, in the areas of health, housing, education and employment. 

“Children born in poor families have less access to healthcare, decent housing, quality education and employment than those in better-off households”, De Shutter said. “This dramatically reduces their chances of breaking free from the poverty trap”.  

Describing the outcomes as “appalling”, the Rapporteur added that children born in a family experiencing poverty are more than three times as likely to be poor, aged 30, than those who were never poor. 

Poverty costs 

The UN rights expert reminded that child poverty is not only “morally unconscionable and a human rights violation”, but also expensive. “In the United States, child poverty costs over one trillion dollars annually, or 5.4% of its GDP, but for each dollar invested on reducing it, seven dollars would be saved,” said the expert.  

Calling for and end to the myth that inequality is an incentive that encourages people to work harder, Mr. De Shutter said that the facts point to the exact opposite: “Inequality lowers social mobility and entrenches advantage and disadvantage over decades. When we fetishize merit, we stigmatize those in poverty or with low incomes, and blame them for their own condition”.  

Call for action 

Stressing that “no child should be penalized for being born in poverty” in mind, and stating that, in fact, “poverty is a failure not of the individual, but of society”, Mr. De Shutter called on governments to act now, “before another generation is condemned to the same fate as their parents”.  

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Human Rights

Restore sexual, reproductive health rights lost during COVID, rights expert urges

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Adolescent girls attend a support group discussion on women’s health. © UNICEF/Tapash Paul

Sexual and reproductive health rights, are human rights, the independent UN expert on the right to health reminded Member States in the General Assembly on Wednesday, saying that it was essential to restore services in the field, that have been eroded during the COVID-19 pandemic

“Millions of women globally had limited or no access to maternal and new-born healthcare, some 14 million women lost access to contraception, and specialized services for victims of gender-based violence became inaccessible, when they were needed most”, said Dr. Tlaleng Mofokeng.

The Special Rapporteur pointed out that lockdowns, movement restrictions and diversion of funds due to COVID-19 have “jeopardized access to essential sexual and reproductive health services”.

In presenting her report on the effect of the pandemic on physical and mental health services, she also spoke of “new measures and laws in place across regions, further restricting access to safe abortion, a component of sexual and reproductive services encompassed in the right to health”.

Reversing a legacy

As part of the right to health, the UN expert called on States to move beyond the COVID-19 pandemic to rebuild and strengthen health systems for advancing sexual and reproductive health rights for all.

“Governments must remove obstacles and ensure full access to quality services, including maternal health care, contraception and abortion services, screening for reproductive cancers and comprehensive sexual education”, she said.

However, Dr. Mofokeng noted that many obstacles continue to stand between individuals and their exercise of their rights to health, rooted in patriarchy and colonialism, and others in structural and systemic inequalities.

“Patriarchal oppression is universal, permeates all societies and is at the very origin of the erosion of autonomy and the control of girls and women’s bodies and sexuality to the detriment of their enjoyment of sexual and reproductive rights”, she spelled out.

“Colonialism has permeated patriarchy across regions and its legacy continues today through laws, policies and practices that deny or restrict sexual and reproductive rights and criminalize gender diverse identities and consensual adult same-sex acts”, added the Special Rapporteur.

Rooted in law

She reminded governments that sexual and reproductive health rights are rooted in binding human rights treaties, jurisprudence, and consensus outcome documents of international conferences.

“I call on States to respect and protect key principles of autonomy, bodily integrity, dignity and well-being of individuals, especially in relation to sexual and reproductive health rights”, she said.

“I pledge to engage with States and all relevant actors to uphold the right of everyone to the enjoyment of the highest attainable standard of physical and mental health”.

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