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In the context of the Sixth WTO Ministerial Conference in Hong Kong, China, taking place from 13 to 18 December 2005, the Office of the High Commissioner for Human Rights has published a study on "Human rights and world trade agreements: Using general exception clauses to protect human rights".

The study has the objective of provoking discussion on the use of general exception clauses in World Trade Organization ageements as a means of ensuring that trade agreements maintain the flexibility needed for WTO members to meet their obligations under human rights law.

The study is the first publication of OHCHR on the issue of "human rights and trade".

The rapid increase in trade and investment over the last 20 years has offered new hope to create growth and the resources needed to promote the full enjoyment of human rights and to eradicate poverty. However, for this to happen, much depends on the rules and policies that States adopt.

OHCHR’s work on “human rights, trade and investment” has sought to analyze rules and policies on trade and investment with the objective of identifying the broad areas of action at the national and international levels that would promote fairer trade that improve the enjoyment of human rights.

The areas of particular relevance to human rights include:

  • agriculture
  • government procurement
  • intellectual property protection
  • investment
  • services
  • social labelling for fair trade
  • public morals and general exceptions to trade and investment rules

Human rights principles and goals of particular relevance to trade include:

  • equality and non-discrimination
  • participation
  • accountability
  • international cooperation
As a practical measure to devise trade reform that promotes the enjoyment of human rights, OHCHR has on several occasions encouraged States to undertake human rights impact assessments of trade rules and policies both during the process of trade negotiations as well as after a period of implementation of trade rules and policies. Such assessments should be public and participatory and focus in particular on the effects of trade reform on disadvantaged and vulnerable groups as well as the gender effects of trade rules and policies.
 
 
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