A/HRC/32/40
Trend towards regionalism and the growth of preferential trade agreements
18.
With global discussions on trade stalled at WTO, there has been a marked surge in
the number of regional and preferential trade agreements. By 2013, the number of such
agreements had more than quadrupled, with all WTO members being a party to at least one
preferential trade agreement.4 As of 1 February 2016, WTO had received 625 notifications
of regional trade agreements, of which 425 are currently in force.5
19.
Regional and preferential trade agreements reflect a continuum of approaches to
labour mobility. The Common Market for Eastern and Southern Africa (COMESA), the
European Economic Area, the European Free Trade Association and the European Union
allow for full mobility of labour across sectors. This is particularly salient since migration
predominantly occurs between countries within the same geographic region. In 2015, 87
per cent of migrants living in Africa originated from another country in the region,
compared with 82 per cent of migrants in Asia, 66 per cent of migrants in Latin America
and the Caribbean and 53 per cent of migrants in Europe.6
20.
As tariffs have been reduced around the world, the central focus of trade has shifted
to advancing economic integration and the penetration of certain sectors. Recent
preferential trade agreements are increasingly adopting migration governance mechanisms
such as visa and asylum request procedures and provisions similar to those contained in
mode IV of the General Agreement on Trade in Services, or expanding the coverage of the
Agreement; migrant return guarantees; institutionalized recruitment; and skills-testing. That
said, these agreements are still dictated by the geopolitical interests of high-income
countries, which favour high-skilled workers and temporary employment.
21.
The Special Rapporteur reiterates his concern that a dependence upon discretionary
and unilaterally defined admissions, as well as a lack of legal entitlements, endangers
human rights and engenders a precariousness that leaves migrant workers vulnerable to
exploitation and abuse. Facilitated and well-regulated mobility mechanisms are necessary
to protect the human rights of migrants and to realize the numerous benefits of trade and
migration, which include economic growth, the creation of jobs, increased competitiveness
and innovation.
IV. International trade agreements and their impact on the
human rights of migrants
22.
The scope of the human rights protections afforded migrants in international trade
agreements has been determined by whether international commercial treaties reference a
specific human rights or labour instrument and the manner in which the protection is
operationalized or enforced.
23.
The following sections will address both the direct and structural impact of bilateral
and multilateral trade agreements on the human rights of migrants. The complexities
resulting from the current tendency towards regionalism and preferentialism in concluding
international trade agreements, combined with few empirical studies on the trade-human
rights nexus, render it difficult to determine the exact impact of trade on migrants.
Accordingly, the information available will be presented and areas for further consideration
by the Special Rapporteur will be identified. Themes that have already been addressed by
4
5
6
6
WTO database on preferential trade agreements (ptadb.wto.org).
See https://www.wto.org/english/tratop_e/region_e/region_e.htm.
United Nations, Department of Economic and Social Affairs, “Trends in international migration,
2015”, No. 2015/4 (December 2015).