Both ENDS
The government of Kenya has officially terminated its bilateral investment treaty (BIT) with the Netherlands, marking a significant win for economic justice and environmental protection. Kenya’s decision reflects a growing global trend of rethinking outdated treaties that often prioritize corporate interests over public welfare. The Dutch Minister for Foreign Trade and Development recently confirmed that Kenya unilaterally ended the treaty in December 2023, rendering it inoperative from 11 June 2024. Kenya now joins South Africa, Tanzania, and Burkina Faso as the fourth African country to terminate its BIT with the Netherlands.
The time for change is now. Civil society demands international investment
frameworks that are aligned with economic justice, social and environmental
sustainability, and the needs of communities worldwide.
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 These frameworks, entrenched in outdated treaties such as Bilateral Investment Treaties (BITs) and the Energy Charter Treaty (ECT), often prioritise corporate profits over human rights, environmental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.
From 26-29 November 2024, Both ENDS and its partners will host the Civil Society Forum on Investment Policies, Climate and Sustainable Development Goals in Entebbe, Uganda. Our colleagues Iván and Fernando explain the importance of this event: “Through this event, we aim to provide an in-depth perspective on the impact of current investment policies on climate and environmental issues, with a strong focus on the African continent.”
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.
Over 70 organisations worldwide have signed an open letter to call upon the Dutch government to vote against CETA - the 'Comprehensive Economic and Trade Agreement'between Canada and the EU this week. They have serious concerns about the negative global social and environmental impacts of the CETA trade deal and similar upcoming European Union's trade agreements.
For several years now, Both ENDS has been drawing attention to the downsides of existing Bilateral Investment Treaties (BITs) between the Netherlands and countries in the Global South. In 2017, an important step was taken, when Uganda decided to terminate its BIT with the Netherlands, as advised by Both ENDS and our local partner SEATINI.
