In December 2020, the European Union, together with 17 other countries, including the United States, Canada, Japan, and Australia, adopted a new Code of Conduct on Export Controls and Human Rights (ECHRI). The ECHRI Code of Conduct aims to balance national security concerns with the protection of human rights in the context of international trade.
Export controls refer to government regulations that restrict the export of certain goods and technologies from one country to another. These regulations are designed to prevent the proliferation of dangerous weapons and technologies, protect national security interests, and promote foreign policy objectives. While export controls are necessary to ensure national security and promote foreign policy interests, they can also have a significant impact on human rights. Restrictions on the export of goods and technologies that are essential to healthcare, such as medical devices and pharmaceuticals, can have a negative impact on the right to health.
The ECHRI Code of Conduct’s Key Commitments include:
- Legal Frameworks and Procedures The ECHRI Code of Conduct emphasizes that the development and implementation of export control policies and practices should comply with international human rights law, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and the International Covenant on Economic, Social, and Cultural Rights. The Code also emphasizes that the development and implementation of export control policies and practices should be transparent, predictable, and consistent with the principles of good governance, the rule of law, and the respect for human rights.
- Risk-Based Approach The ECHRI Code of Conduct encourages governments to adopt a risk-based approach to export control policies and practices. This means that the risk of an export contributing to human rights abuses should be assessed and considered when making decisions on export control measures. The risk-based approach also means that export control policies and practices should be targeted and proportionate.
- Stakeholder Engagement The ECHRI Code of Conduct emphasizes the importance of engaging with stakeholders, including civil society organizations, to ensure that export control policies and practices are transparent and take into account the perspectives of affected individuals and communities. The Code also encourages governments to consult with stakeholders when developing and implementing export control policies and practices, including when conducting risk assessments.
- Technical Assistance and Capacity Building The ECHRI Code of Conduct recognizes that some countries may need technical assistance and capacity building to implement effective and human rights compliant export control policies and practices. The Code encourages countries to provide such assistance and building capacity to facilitate compliance with international human rights law.
- Transparency and Reporting The ECHRI Code of Conduct encourages governments to be transparent about their export control policies and practices, including by providing information about the nature of the controls, the justification for the controls, and the impact of the controls on human rights. The Code also encourages countries to report on their implementation of the Code and to share best practices with other countries.
The new code of conduct for export controls and human rights is a significant development in the global effort to ensure that international trade prioritizes human rights. By emphasizing the need to balance national security interests with human rights considerations, ensuring compliance with international human rights law, and promoting transparency and consultation, this new code of conduct provides important guidance to governments and promotes the protection of human rights in all aspects of international trade.