In Indonesia, US-based mining companies succeeded to roll back new laws that were meant to boost the country’s economic development and protect its forests. This is the level of impact that investment treaties can have on social, environmental and economic development and rights. Why? Because of the ‘Investor-to-State Dispute Settlement’ (ISDS) clauses that are included in many such treaties.
In September 2019, the streets of Jakarta were filled with angry demonstrators protesting against the Omnibus Employment Law. The law will ease the rules for mining, make it much more difficult to hold companies liable for criminal acts and severely restrict the power of the national anti-corruption committee. At the moment, such protests are completely impossible in Indonesia because of the COVID-19 crisis and the associated lockdown measures. And Indonesian people already had few other means of exerting influence on decision-making and legislative processes.
Trade and aid are the new pillars of international cooperation. But does it make sense to link these two together? There’s nothing wrong with finding out whether trade and aid can complement each other, but let’s not overdo it.