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Title: | European Union temporarily withdraws GSP+ trade benefits from Sri Lanka |
Source: | Regulation (EU) No. 143/2010 of the Council. |
Parties: | Unilateral decision from the EU |
Dispute Resolution Organ: | European Council |
Year: | 2010 |
Pages: | 0 |
Author(s): | |
Keywords: | Sri Lanka, European Union, trade, European Council, human rights, dispute reports, dispute resolution |
Abstract: | Summary of Facts:
• Commission Decision 2008/938/EC contains the list of countries that are beneficiary of the special incentive arrangement for sustainable development and good governance for the period from 1 January 2009 to 31 December 2011, provided for in Council Regulation (EC) No 732/2008 applying a scheme of generalized tariff preferences for this period. Sri Lanka is included in this list. Issues:
This is the most recent case on suspension of trade preferences by the EU.
Jurisdiction: Council of the European Union Standing: Article 16(2) of Regulation (EC) 980/2005 provided for the temporary withdrawal of the special incentive arrangement referred to in Section 2 of Chapter II of that Regulation (the “GSP+” treatment), if the national legislation incorporating those conventions referred to in Annex III of the Regulation which had been ratified in fulfillment of the requirements of Article 9(1) and (2) was not effectively implemented. Reports, statements and information of the United Nations available to the Commission at that time, including a number of specific reports, indicated that the national legislation of Sri Lanka incorporating international human rights conventions, in particular ICCPR, CAT and CRC, was not being effectively implemented. Evidence: Reports from UN Agencies; NGO’s materials; reports, decisions and notes verbale from the government of Sri Lanka. Decision: Enforcement: the suspension of the benefits to Sri Lanka has not been reestablished.
• The special incentive arrangement for sustainable development and good governance for products originating in Sri Lanka provided for in Regulation (EC) No 732/2008 shall be withdrawn temporarily. The Council shall re-establish the special incentive arrangement for products originating in Sri Lanka, if the reasons justifying the temporary withdrawal no longer prevail.
• The Commission concluded the legal and institutional framework giving effect to the ICCPT, CAT and CRC is not sufficient to ensure effective implementation of all relevant obligations provided for by the three instruments.
According to Clare Castillejo from FRIDE (a European Think Tank for Global Action), despite its tough stance on the situation in Sri Lanka, EU sanctions have had little impact. In the policy brief she prepared on the issue she “examines why EU pressure on Sri Lanka has not worked. In particular, it argues that the EU did not take sufficient account of the strategic interests of China and India in the country or of internal political shifts within Sri Lanka. The EU also failed to seize those opportunities for influence that it did have and did not coordinate its response internally or with other actors. The EU must change its approach to promoting human rights in South Asia in order to respond to changing regional power dynamics.”
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