EU decision may trigger GSP withdrawal
David Bergman
A European Commission decision that Bangladesh was in ‘serious and systematic violation’ of human rights principles would be the trigger for a procedure that could result in the withdrawal of tax-free export privileges from the country’s apparel sector.
The European Union’s trade spokesperson, however, told New Age that even if the procedure was initiated, it would take at least a year before any suspension would come into effect.
Amongst the principles that the EU would consider in making any decision about the country’s current human rights situation is the ‘right to vote… at genuine periodic elections’ set out in the International Covenant on Civil and Political Rights, a UN convention listed in the EU law regulating the tax-free privileges.
On January 9, four days after the country’s elections, Catherine Ashton, the EU’s High Representative, issued a statement which said that lack of conditions for ‘transparent, inclusive and credible elections’ meant ‘that the people of Bangladesh were not given an opportunity to express fully their democratic choice.’
She called on the government to hold new polls.In considering how the EU should press the government to hold new credible elections, officials say that ‘everything is on the table,’ including the temporary suspension of the GSP but warn that it is early days before any decisions at the EU headquarters Brussels are made.
In 2012, the Bangladeshi apparel industry exported clothing worth about 9.2 billion euros (Tk 2,039,10 crore) to the EU.
If Bangladesh is suspended from receiving the Generalised System of Preferences, more commonly known as GSP, the exporters would have to pay around 14 per cent tax on these goods in the future.
‘If one economic tool matters to this country, it is this one. Losing it would have a serious impact on Bangladesh’s economy,’ said Ahsan Mansur, the executive director of the Policy Research Institute, an economic think-tank.
‘Whether the EU suspends it all depends on how seriously the EU takes participatory representative government in its dealings with the country,’ he added. EU’s GSP regulation states that ‘preferential arrangements… .may be withdrawn temporarily’ if there has been ‘serious and systematic violation of principles’ set out in any of 27 listed United Nations and International Labour Office conventions.
Article 25 of the International Covenant on Civil and Political Rights, one of the named conventions, states, ‘Every citizen shall have the right and the opportunity… without unreasonable restrictions… to vote… at genuine periodic elections… guaranteeing the free expression of the will of the electors.’
A ‘General Comment’ published by UN Human Rights Committee, which monitors compliance with the convention, states that the right to vote ‘lies at the core of a democratic government based on the consent of the people’ and that states must take steps to ensure that ‘citizens have an effective opportunity to enjoy’ it.
It adds that ‘genuine periodic elections…. are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them’ and are required to ensure that ‘the authority of government continues to be based on the free expression of the will of electors.’
In the elections held on January 5, boycotted by the opposition parties, citizens in 153 out of 300 constituencies had no opportunity to vote as there was only a single candidate standing. In most of the other 147 seats, there was only a token contest between candidates who were from the same party or alliance, resulting in a low turnout in some constituencies as low as 10 per cent. About two-thirds of the cabinet comprise MPs who were elected unopposed. Also relevant to the EU decision would be Article 9 of the convention which states, ‘No one shall be subjected to arbitrary arrest or detention.’
Twenty-five senior opposition leaders are now detained in jail and in December, jail figures suggest that more than 1,000 opposition supporters were detained in that month alone.EU trade spokesman John Clancy told New Age, ‘The suspension would come only after a thorough investigation.’The process will be started by the European Commission publishing a notice in the official journal announcing its intention to initiate a temporary withdrawal procedure.
Following this, ‘the commission will monitor and evaluate the situation in the beneficiary country concerned for six months from the date of publication of the notice,’ the regulation states. ‘In this period, the commission will perform its analysis by assessing the situation in the country. This means that there will be no suspension during the investigation,’ the EU trade spokesperson stated.
If the European Commission considered that its findings justified Bangladesh being temporarily withdrawn from the GSP, it would then publish a ‘delegated act’ ordering suspension. ‘[This] will then be subject to the scrutiny of the European Parliament and of the Council of the EU. In case those institutions do not oppose the act and the situation is not changed, the suspension would take effect six months after the adoption of the act, according to Article 19(12),’ the EU spokesperson told New Age.
Bangladesh ratified the International Convention on Civil and Political Rights but has so far failed to comply with the UN’s monitoring arrangements and send any reports to the Human Rights Committee.
EU decision may trigger GSP withdrawal
David Bergman
A European Commission decision that Bangladesh was in ‘serious and systematic violation’ of human rights principles would be the trigger for a procedure that could result in the withdrawal of tax-free export privileges from the country’s apparel sector.
The European Union’s trade spokesperson, however, told New Age that even if the procedure was initiated, it would take at least a year before any suspension would come into effect.
Amongst the principles that the EU would consider in making any decision about the country’s current human rights situation is the ‘right to vote… at genuine periodic elections’ set out in the International Covenant on Civil and Political Rights, a UN convention listed in the EU law regulating the tax-free privileges.
On January 9, four days after the country’s elections, Catherine Ashton, the EU’s High Representative, issued a statement which said that lack of conditions for ‘transparent, inclusive and credible elections’ meant ‘that the people of Bangladesh were not given an opportunity to express fully their democratic choice.’
She called on the government to hold new polls.In considering how the EU should press the government to hold new credible elections, officials say that ‘everything is on the table,’ including the temporary suspension of the GSP but warn that it is early days before any decisions at the EU headquarters Brussels are made.
In 2012, the Bangladeshi apparel industry exported clothing worth about 9.2 billion euros (Tk 2,039,10 crore) to the EU.
If Bangladesh is suspended from receiving the Generalised System of Preferences, more commonly known as GSP, the exporters would have to pay around 14 per cent tax on these goods in the future.
‘If one economic tool matters to this country, it is this one. Losing it would have a serious impact on Bangladesh’s economy,’ said Ahsan Mansur, the executive director of the Policy Research Institute, an economic think-tank.
‘Whether the EU suspends it all depends on how seriously the EU takes participatory representative government in its dealings with the country,’ he added. EU’s GSP regulation states that ‘preferential arrangements… .may be withdrawn temporarily’ if there has been ‘serious and systematic violation of principles’ set out in any of 27 listed United Nations and International Labour Office conventions.
Article 25 of the International Covenant on Civil and Political Rights, one of the named conventions, states, ‘Every citizen shall have the right and the opportunity… without unreasonable restrictions… to vote… at genuine periodic elections… guaranteeing the free expression of the will of the electors.’
A ‘General Comment’ published by UN Human Rights Committee, which monitors compliance with the convention, states that the right to vote ‘lies at the core of a democratic government based on the consent of the people’ and that states must take steps to ensure that ‘citizens have an effective opportunity to enjoy’ it.
It adds that ‘genuine periodic elections…. are essential to ensure the accountability of representatives for the exercise of the legislative or executive powers vested in them’ and are required to ensure that ‘the authority of government continues to be based on the free expression of the will of electors.’
In the elections held on January 5, boycotted by the opposition parties, citizens in 153 out of 300 constituencies had no opportunity to vote as there was only a single candidate standing. In most of the other 147 seats, there was only a token contest between candidates who were from the same party or alliance, resulting in a low turnout in some constituencies as low as 10 per cent. About two-thirds of the cabinet comprise MPs who were elected unopposed. Also relevant to the EU decision would be Article 9 of the convention which states, ‘No one shall be subjected to arbitrary arrest or detention.’
Twenty-five senior opposition leaders are now detained in jail and in December, jail figures suggest that more than 1,000 opposition supporters were detained in that month alone.EU trade spokesman John Clancy told New Age, ‘The suspension would come only after a thorough investigation.’The process will be started by the European Commission publishing a notice in the official journal announcing its intention to initiate a temporary withdrawal procedure.
Following this, ‘the commission will monitor and evaluate the situation in the beneficiary country concerned for six months from the date of publication of the notice,’ the regulation states. ‘In this period, the commission will perform its analysis by assessing the situation in the country. This means that there will be no suspension during the investigation,’ the EU trade spokesperson stated.
If the European Commission considered that its findings justified Bangladesh being temporarily withdrawn from the GSP, it would then publish a ‘delegated act’ ordering suspension. ‘[This] will then be subject to the scrutiny of the European Parliament and of the Council of the EU. In case those institutions do not oppose the act and the situation is not changed, the suspension would take effect six months after the adoption of the act, according to Article 19(12),’ the EU spokesperson told New Age.
Bangladesh ratified the International Convention on Civil and Political Rights but has so far failed to comply with the UN’s monitoring arrangements and send any reports to the Human Rights Committee.
EU decision may trigger GSP withdrawal
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