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Civil Society's role in DCFTAs
(long version)
Eastern Partnership, Civil Society Forum Tbilisi,
Georgia, 25 September 2015
Introduction
• Civil society mechanisms in DCFTAs are part of the Trade and Sustainable (TSD) Chapter
• TSD chapters have very similar wording in the Georgian, Moldovan and Ukrainian DCFTAs
– Since the EU-Korea DCFTAs all new generation DCFTAs have such TSD chapters with the involvement of civil society
• The basic idea is that CS involvement and not trade sanctions ensure effective implementation of the TSD chapter
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First mechanism: Domestic Advisory Group
• Each Party shall convene new or consult existing domestic advisory group(s) on sustainable development
• Task: advising the Parties on issues relating to the TSD Chapter
– may submit views or recommendations on the implementation of this Chapter
– on request or on own initiative.
• Members:
– independent representative organisations of civil society
– in a balanced representation of economic, social, and environmental stakeholders, including, among others, employers and workers organisations, non-governmental organisations, business groups, as well as other relevant stakeholders.
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Second mechanism: Joint Civil Society Dialogue Forum
• Members:
– domestic advisory group(s) and the public at large
– balanced representation of relevant interests, including independent representative organisations of employers, workers, environmental interests and business groups, as well as other relevant stakeholders
• Convened once a year unless otherwise agreed by the Parties
• Task: to conduct a dialogue on sustainable development aspects of the DCFTA with the Parties:
– Parties present an update on the implementation of this Chapter to the Forum
– Forum submits its views and the opinions to the Parties
– Both are made public
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Scope of the TSD chapter in a nutshell
• The DAG's and the Forum's role is limited to the TSD chapter!
• Chapter's objective: trade should be sustainable
• Parties retain their right to regulate but increased economic activity must not be at the expense of lower social and environmental standards
• Parties effectively implement the most important international environmental and labour agreements, adhere to the core principles and cooperate in general
– Separate article on biological diversity, sustainable management of forests, trade in fish products
• No sanctions but there is a dedicated dispute settlement system
5
Experience so far
• First meeting in Moldova in July
– New DAGs formed beginning of the year
• EU DAG: EESC plays an important role
– DAGs met separately and once jointly
– TSD Sub-Committee meeting between EU and MD -> joint statement
– Joint Meeting – exchange of statements and discussion
– Followed by a workshop on waste management
– Good participation, constructive approach on all sides
– Next step: develop a work plan
• The first meeting in Georgia will take place end of this year, DAGs are already formed
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Conclusion
• First new generation TSD chapter with Korea - implemented for four years
– Difficult to evaluate, there are some small positive developments in labour law that may not have happened without the DCFTA
• DAGs and the Forum are powerful tools offered to the civil society
• Even if limited to the TSD chapter, the potential areas for action are wide
• Interactions and synergies with the other CS mechanisms should be explored
• Up to the CS to use its full potential!
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