Implication of EU-ACP economic partnership agreements on the realization of socio-economic rights in Kenya

Abstract

Kenya is currently engaged in trade negotiations with the European Union (EU) through the framework of the African Caribbean and Pacific (ACP) countries – (EU) relations. Kenya is negotiating under the auspices of the East Africa Community. Once these negotiations are concluded Kenya is required to signs Economic Partnership Agreements whose content has been widely criticized. Unlike its predecessor, Cotonou Agreement was founded on the foundation of among other the respect for International Convention on Economic, Social and Cultural Rights (ICESCR) the EPAs are founded on the trade liberalization theory. The aim of EPAs is to establish a regime that is compatible to international trade principles as envisaged within the WTO framework. The WTO framework gives minimal consideration for human rights hence a WTO compliant EPAs may see EAC countries enjoying less social and economic rights than they are currently. The theme of this paper, therefore, is to interrogate the content of the EPAs, Kenya’s obligations under EPAS and establish whether they indeed violate the socio-economic rights of developing countries, particularly Kenya. The study further proposes possible alterations that will see preservation of social-economic rights of Kenyans.