Kenya Terminates Bilateral Investment Treaty with the Netherlands

At the core of the Fair, Green, and Global (FGG) Alliance’s mission is the commitment to building a just and sustainable world. As members of this alliance, Both ENDS, SOMO, and the Transnational Institute (TNI) recognise the urgent need to reimagine global investment frameworks. These frameworks, entrenched in outdated treaties such as Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT), often prioritise corporate profits over human rights, environmental sustainability, and social justice.

On 23 May, the Netherlands celebrates 60 years of bilateral investment treaties (BITs). The first BIT was signed with Tunisia in 1963. These treaties were intended to make an important contribution to protecting foreign investments by Dutch companies. A study by SOMO, Both ENDS and the Transnational Institute (TNI), however, shows that in practice they mainly give multinationals a powerful instrument that has far-reaching consequences people and the environment worldwide.

Indigenous communities in Paraguay saw their attempts to regain their ancestral lands thwarted by German investors. 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.

This week, Geneva will be the epicenter of world trade, as trade ministers and other representatives from around the world gather for the World Trade Organization (WTO) ministerial conference. Liesje Schreinemacher, the Dutch Minister of Foreign Trade and Development Cooperation, is present with a delegation. Our colleague Burghard Ilge is joining as an official member of the delegation, to represent civil society organisations. Colleague Fernando Hernandez will also travel to Geneva, to follow and try to influence the negotiations from outside the conference room together with other civil society organisations from around the world.

Today, on the 2nd of April, activists from Africa and Europe are staging a protest action in front of the European Parliament in Brussels to make the voices of the poor and marginalised citizens heard. Holding banners and chanting slogans to the beat of djembe drums, they asked the African and European governments to prioritise peoples’ rights and interest in their trade deals and particularly, in the EU trade and development policies with Africa. Why do they protest at this particular moment and what is Burghard Ilge of Both ENDS doing there?

89 NGOs and farmers' organisations from Indonesia, the EU and around the world sent open letters to the EU Commission and the Indonesian government today, calling on them to refrain from any clause that restrict farmers' rights in a future free trade agreement.

The European Union (EU) continues to demand that countries of the South introduce plant variety protection rights according to UPOV 91 in free trade agreements. This is happening in the ongoing negotiations of the EU with Indonesia, trying to take away Indonesia's flexibility to implement a law that suits its own needs and priorities. We therefore call to sign our letters on this subject to the European Commission and the Indonesian government.