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Assessing Human Rights Impacts of Trade Agreements

Why it matters — and how to do it

Reading materials listed in chronological order as presented in the publication.

P. 5: Box 1: Illustrative list of other trade impact assessment methodologies

→ Distributional Impacts of Trade (World Bank).

→ GBA+ Gender Based Analysis of Trade Agreements (Government of Canada).

→ Guiding principles on human rights impact assessments of trade and investment agreements (UN Human Rights Council).

→ Methodology for assessing the impacts of trade agreements on biodiversity and ecosystems (Institute for European Environmental Policy et al.).

→ Sustainability Impact Assessment (European Commission). 

→ Trade and Gender Tool Box (UN Conference on Trade and Development (UNCTAD)).

P. 7: General Comments of the Committee on Economic, Social and Cultural Rights on the Right to Food, the Right to Health or the Right to Water.

P. 8: Table 1: Human rights and trade – illustrative links

→ Human Rights treaty body Concluding Observations, e. g. Committee on Economic Social and Cultural Rights, Concluding Observations to Germany E/C.12/DEU/CO/6 (2018). 

→ Philip Morris brought a case against Uruguay’s tobacco-related public health measures. 

→ Lone Pine brought a case against Canada seeking compensation following enactment of new environmental laws. 

→ Urbaser, a private water and sewerage services company, brought a case against Argentina, seeking compensation for having its license revoked due to underinvestment and the resulting undermining of the right to water. 

→ Transnational Institute, Our Public Water Future.

→ Unctad, Challenging Conventional Wisdom.

→ Barnali Choudhury, Public Services and International Trade Liberalization: Human Rights and Gender Implications.

→ Special Rapporteur on adequate housing, Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living.

→ 3D – THREE, Trade in Services and Children’s Rights.

→ Ecumenical Advocacy Alliance, Trade Policies and Hunger.

→ Guillaume Gérout and Anaïs Cren-Larvor, Tariffs and Human Rights, A Pilot Analysis of the AfCFTA Tariff Schedules.

→ UNECA/FES, The Continental Free Trade Area (CFTA) in Africa – A Human Rights Perspective.

→ United Nations Inter‐Agency Network on Women and Gender Equality (IANWGE), Gender Equality & Trade Policy.

→ The Budget Lab, The Effect of Tariffs on Poverty.

→ Human Rights Economics, On tariffs, women workers and how trade narratives invisibilize the most vulnerable.

→ Expert Mechanism on the Right to Development, Impacts of Trade Tariffs.

→ Alliance Sud, HRIA of the EFTA-Mercosur Trade Agreement.

P. 10: Some HRIAs of trade agreements

→ The HRIA of the AfCFTA.

→ Nigeria delayed AfCFTA ratification.

→ Impacts of the planned Trade in Services Agree­ment.

P. 12 Box 3: Some sources of information for identifying human rights risk areas within a country 

→ SDG country profiles. 

→ Universal Human Rights Index containing all recommendations made by UN human rights mechanisms, which can be filtered according to country and thematic area.

P. 14 Box 4: Some sources of data

→ ILO, Trade and Decent Work Toolkit contains comprehensive analytical data and tools to assess the impact of trade policy on labour markets. 

→ ILO, Labour Statistics provide essential labour statistics for most countries. 

→ UN Human Rights, Universal Human Rights Index contains recommendations made by international human rights bodies, searchable by theme and by country. 

→ UN Human Rights, Universal Periodic Review Documentation by country provides detailed country-based human rights information.

P. 14 Box 5: Some relevant modelling tools

→ IEEP, Trinomics, IVM and UNEP-WCMC (2021), Methodology for assessing the impacts of trade agreements on biodiversity and ecosystems. 

→ UN Conference on Trade and Development (2017), Trade and Gender Toolbox. 

→ World Bank (2021): The Distributional Impacts of Trade: Empirical Innovations, Analytical Tools, and Policy Responses.

P. 15 Box 6: Illustrating good practice of integrating qualitative with quantitative factors

2004 study of how trade in the ASEAN region would affect women’s employment https://www.cde.unibe.ch/unibe/portal/fak_naturwis/g_dept_kzen/b_cde/content/e65013/e542846/e541712/e541716/pane1184390/e1184392/QualityandQuantity-ExanteSIAsoftrade-ReportofanexpertdiscussionatIISDTradeSustainabilityHub3rdDecember2021cdeb_eng.pdf

P. 18: More detailed guidance

Centre for Environment and Development (CDE) & International Institute for Sustainable Develop­ment (IISD) (2021), Quantity and Quality: Assessment of sustainability impacts of trade agreements.

Committee on Economic, Social and Cultural Rights (1999), General Comment No. 12: The Right to Adequate Food, U.N. Doc. E/C.12/1999/5. 

Committee on Economic, Social and Cultural Rights (2000), General Comment No. 14: The Right to the Highest Attainable Standard of Health (Art. 12, ICESCR), U.N. Doc. E/C.12/2000/4. 

Committee on Economic, Social and Cultural Rights (2002), General Comment No. 15: The Right to Water, U.N. Doc. E/C.12/2002/11. 

C. Dommen (2020), Blueprint for a Human Rights Impact Assessment of the Planned Comprehensive Free trade Agreements Between EFTA and MERCOSUR. 

C. Dommen (2021), Applying the human rights framework to economic policy: Insights from an im­pact assessment of Services Trade Liberalisations in Mauritius.

European Commission (2022), Guidelines on the analysis of human rights impacts in impact assessments for trade-related policy initiatives.

FES & OHCHR (2017), Human Rights Impact Assessment of the African Continental Free Trade Area Agreement, which contains a section that demonstrates how to apply the human rights framework.

G. Gerout, A. Cren-Larvor (2024), Tariffs and Human Rights: a Pilot Analysis of the AfCFTA Tariff Schedules.

Government of Canada (2022), GBA+ Gender Based Analysis of Trade Agreements.

T. Hertel (2012), Global Applied General Equilibrium Analysis using the GTAP Framework.

Human Rights Council (2011), Guiding Principles on human rights impact assessments of trade and investment agreements.

IEEP, Trinomics, IVM and UNEP-WCMC (2021), Methodology for assessing the impacts of trade agree­ments on biodiversity and ecosystems.

J. MacLeod (2022), Human Rights and the AfCFTA. 

The Berne Declaration (2014), Owning Seeds, Accessing Food – A Human Rights Impact Assessment of UPOV 1991.

UN Conference on Trade and Development (2017), Trade and Gender Toolbox.

UN Conference on Trade and Development (2023), Compilation guidelines for measurement of gender-in-trade statistics.

S. Walker (2009), The Future of Human Rights Impact Assessments of Trade – with a detailed chapter on methodology.

World Bank (2021), The Distributional Impacts of Trade: Empirical Innovations, Analytical Tools, and Policy Responses.

P. 19: Further information

E. Bürgi Bonanomi (2015), Shaping EU Trade Agreements to Support Human Rights.

C. Dommen (2019), Human Rights Impact Assessment: Trade Agree­ments and Indigenous Rights.

C. Dommen (2023), On How the Human Rights Framework Can Contribute to Inclusive Trade Agreements.

C. Dommen (2021), Three ways that human rights impact assessment can improve consistency between economic law and human rights law.

FIAN International (2009), Right to food of milk and honey farmers – Report of an investigative mission to Zambia.

OHCHR (2022), Briefing Note on Trade and Human Rights.

S. Walker (2018), Human Rights in the Trade and Sustainability Impact Assessment of the EU–Tunisia Free Trade Agreement.