Dr San Bilal (& Isabelle Ramdoo) German Federal Ministry for Economic Cooperation and Development BMZ, Berlin, 19 October 2016

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
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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/ )
Brussels office
E-mail: sb@ecdpm.org Twitter @SanBilal1
http://ecdpm.org/people/sanbilal/
& Isabelle Ramdoo