E/C.12/FRA/CO/4
Bilateral and multilateral trade and investment agreements
9.
The Committee is concerned by the failure to devote sufficient attention to the
impact that bilateral or multilateral trade or investment agreements concluded or being
negotiated by the State party or the European Union have or will have on the enjoyment of
Covenant rights in the other countries that are party to those agreements. The Committee is
particularly concerned by the fact that the mechanisms for settling disputes between States
and investors provided for in several agreements could reduce the State’s ability to protect
and achieve some of the Covenant rights (art. 2 (1)).
10.
The Committee calls upon the State party to fully assume its obligations under
the Covenant in regard to the negotiation and implementation of bilateral and
multilateral trade and investment agreements. The Committee encourages the State
party, in particular, to:
(a)
Ensure that consultations with stakeholders, including the communities
concerned, are undertaken in the course of the drafting, negotiation and ratification of
such agreements, on the basis of an assessment of the expected impact;
(b)
Ensure that an impact assessment is systematically carried out during
the implementation of agreements with a view to making adjustments, where
appropriate, to the terms of the commitments; and
(c)
Ensure that the dispute settlement mechanisms do not jeopardize the
State party’s ability to fulfil its obligations under the Covenant.
11.
The Committee also urges the State party to take all possible steps to ensure
that the decisions and policies adopted by the international organizations of which it is
a member are in line with its obligations under the Covenant.
Corporate social responsibility
12.
The Committee takes note with regret of the delay in the adoption of the bill on
corporate due diligence throughout the supply chain, particularly inasmuch as Act No.
2014-773 of 7 July 2014 on development policy and international solidarity does not
impose any binding obligation upon business enterprises in that regard (art. 2 (1)).
13.
The Committee urges the State party to take measures to prevent business
enterprises domiciled in its territory or under its jurisdiction from committing human
rights violations abroad. In that connection, the Committee encourages the State
party to expedite the adoption of a law which would impose a binding obligation on
such enterprises to fulfil their duty of care with respect to human rights and would
guarantee victims of human rights violations resulting from activities of these
enterprises abroad with access to redress in the courts of the State party.
Recognition of minorities
14.
While noting that the State party is of the view that the recognition of minority
groups or collective rights is incompatible with its Constitution, the Committee reaffirms
that the principle that all persons are equal before the law and the prohibition of
discrimination are not always sufficient to ensure that members of minority groups are able
to exercise their economic, social and cultural rights. Moreover, the Committee considers
that the proper recognition of ethnic and cultural minorities does not undermine
cohesiveness or national unity but, on the contrary, reinforces them (art. 2 (2)).
15.
The Committee recommends that the State party consider revisiting its position
regarding minority groups and officially recognize the need to protect the cultural
rights of all minority groups. The Committee therefore reiterates the recommendation
GE.16-12027
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