CHINA/NZ FREE TRADE AGREEMENT

New Zealand was the first OECD country to sign a Free Trade Agreement (FTA) with China, on 7 April 2008 in Beijing. Whilst much was made of the economic gains for both countries the agreement fails to adequately incorporate and endorse binding international labour rights. Trade and human rights have repeatedly been separated by governmental officials however, Amnesty International is absolute - labour rights are human rights.

KEEP THE PRESSURE ON

Having reviewed the Free Trade Agreement (FTA) and its accompanying agreement on labour standards, Amnesty International raised its concerns in submissions to the Foreign Affairs, Trade and Defence Select Committee during May and June 2008.

• Click here to download a factsheet on the FTA
• Click here to download a copy of our written submission to the Select Committee (May 2008)
• Click here to download a copy of our supplementary submission to the Select Committee (June 2008)
• Click here to access a factsheet on the International Labour Organisation.

CONCERNS INCLUDE

Weaker labour rights commitments
There is a pattern of weaker labour rights provisions, in comparison with New Zealand’s other trade agreements — see our comparison chart

Transparency and consultation
A lack of transparency and consultation in the negotiation and post-signing of the FTA. Labour rights concerns repeatedly raised by Amnesty International were not addressed substantively until two months after the signing. This is an ongoing concern, given that the Government has indicated negotiations for Free Trade Agreements with India and Japan.

Prison and child labour goods in New Zealand
Despite international and domestic prohibitions, we have not received details on how the government will ensure goods produced by such labour will not enter New Zealand. We have, however recommended an agreement similar to the Harkin-Engel Protocol to establish an action-plan to stop prison and child labour in an open and transparent way.

Amnesty International has and continues to call on the New Zealand government to thoroughly and transparently address these issues.

You can take Action by signing your name to the letter below asking the Prime Minister and the Ministers of Foreign Affairs and Trade to ensure that our concerns within the New Zealand-China FTA and any future trade agreements are addressed.

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Subject*

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MessageWelcoming commitments made by the New Zealand government to engage in human rights within the Free Trade Agreement (FTA) I urge you to work towards addressing the grave labour rights abuses in China by: - Maximising the labour rights commitments made in the agreement to ensure improvements in labour standards - Making substantive commitments, such as feature within the Harkin-Engel Protocol, towards the abolition of child and forced labour in China, and include tangible requirements and processes to ensure forced labour, including child labour products do not enter New Zealand - Speaking out on human rights and labour violations in China at every opportunity and encouraging that engagement at every level (i.e. business, local body) - Ensuring a high level of transparency and consultation in New Zealand’s ongoing relationship with China. Given the significance of the FTA and China’s human rights record, I am deeply disappointed at the lack of transparency and failure to adequately consult all stakeholders in the negotiations phase. I urge you to ensure full transparency and consultation in any future trade negotiations, such as those already mooted with Japan and India. I urge you to do all in your power to ensure labour rights are respected in China and that New Zealand positively contributes to this outcome.

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SERIOUS HUMAN RIGHTS VIOLATIONS IN CHINA

Child labour is on the increase, despite it being illegal in China.

Re-education Through Labour (RTL) is a system of arbitrary detention, openly based on forced labour. In 2007 an estimated 500,000 people were subjected to punitive detention without access to the Courts or a lawyer. Bu Dongwei, a Falun Gong practitioner, was assigned to two and a half years' RTL in June for "activities relating to a banned organization."

Lack of Independent Unions Independent trade unions are illegal under Chinese trade law, in breach of international labour organization principles. China has not ratified the international Conventions on the Right to trade unions and collective bargaining.