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The Right to Development, Human Rights and Economic Partnership Agreements

This paper examines the Right to Development (RtD) in the context of the ongoing negotiations to finalize Economic Partnership Agreements (EPAs) that African, Caribbean and Pacific (ACP) countries are signing with the European Union (EU). These EPAs are being negotiated within the Cotonou Agreement framework which requires that EPAs have the following development objectives: poverty reduction, promotion of sustainable development, and facilitation of the integration of ACP countries into the global economy through trade. Human rights ought to take center stage in EPA negotiations and in the EU-ACP partnership. This is consistent with Section 177(2) of the EC Treaty which provides that EU development cooperation should contribute to the respect for human rights and fundamental freedoms. Similarly, Article 11 of the Treaty of the European Union provides that one of the objectives of the EU’s foreign and security policy is “to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms.” From a RtD perspective, EPAs are being negotiated under conditions that undermine the full participation of ACP States, preventing them from determining their development objectives. For ACP countries, these agreements will result in huge losses in revenue and restricted access to the EU market making it highly likely that the social and economic human rights of millions will be adversely affected.