End harmful treaties, says Nalunga

Is there anything wrong with attracting investment using Bilateral Investment Treaties and related agreements?
Investment is essential for tackling global challenges, including mitigating and adapting to the impacts of climate change and fostering inclusive and resilient economies. 

However, the current system is rooted in outdated economic paradigms that fail to serve the needs of people and the planet. These agreements disproportionately prioritise the profits of multinational corporations (MNCs) at the expense of Economic, Social, Cultural, and Environmental rights. It perpetuates systems of exploitation and inequality rooted in unbalanced economic models and profit maximisation.

So what would you want to see?
International investment policies must be governed by a new vision anchored within the principles and values of social justice.

The recent failure of COP29 to deliver sufficient climate financing, coupled with the renewed call for the reform of the global financial and trade architecture, underscores the inadequacies of the current global governance systems to deliver on the Sustainable Development Goals (SDGs). 

In addition, the billions paid by developing countries in Investor-State Dispute Settlement (ISDS) cases—often at the expense of public health, environmental safeguards, and social programmes further illustrate the intrinsic flaws of the current international investment frameworks. 

We demand international investment frameworks that are aligned with economic justice, social and environmental sustainability, and the needs of communities worldwide.

What do you expect going forward?
A framework for sustainable investment must never come at the expense of the environment, human dignity, or the rights of host communities. Future investment frameworks should include binding commitments to climate and environmental justice, along with dedicated financing for mitigation and adaptation efforts.

Such frameworks must also ensure full compliance with human rights, uphold labour rights, promote gender justice, and guarantee inclusive, community-led decision-making. This includes mandatory social and human rights impact assessments, financial impact assessments, adherence to international due diligence standards, and the strengthening of institutional capacities.

Additionally, investment frameworks must prioritise local value addition and explicitly prohibit exploitative resource extraction practices. Treaties and agreements should facilitate a green and equitable transition by channeling investments into renewable energy, circular economies, and sustainable infrastructure while requiring responsible disengagement from fossil fuels and the remediation of environmental and social harms.

What explains the shifts in agricultural practice?
There must be a shift in focus from industrial agriculture to agroecology by prioritising investments in sustainable, climate-resilient, and locally led indigenous farming systems that enhance biodiversity, protect ecosystems, empower smallholder farmers, and uphold local food sovereignty.

And not just that, but ensuring decent work by aligning investments with International Labour Organisation (ILO) conventions, promoting fair wages, safe conditions, collective bargaining, and eliminating forced labour, child labour, and discrimination, with a focus on marginalised groups and equitable access.

What do you seem to detest about corporate power?
A flawed system of corporate power Investor-State Dispute Settlement (ISDS) mechanism is something that we want dismantled because it is the central pillar of the injustice entrenched in current international investment agreements (IIAs). By enabling corporations to sue states over regulations designed to protect public interest, it undermines democracy and state sovereignty. 

We need to see national courts empowered and national laws prioritised and used to regulate corporate conduct and adjudicate investment disputes transparently and fairly.

Therefore, supporting and engaging with global instruments under the UN framework, including the Binding Treaty on Business and Human Rights that prioritise sustainable development and human rights over investor protections, is the right thing to do.

 Additionally, ending exploitative practices in African and other Global South Economies African resources have long been exploited under colonial, neo-colonial and neoliberal investment regimes that have continued under the behest of the international finance and economic institutions such as the IMF/World Bank/WTO and related Free Trade Agreements and strategic partnership agreements.

Specifically, what are you hoping to achieve?
We call for investment treaties that require the transfer of technology and skills to local communities. This is essential for building industrial capacity, creating decent jobs, and strengthening the resilience of local economies.

These treaties must also support local value addition, giving African countries the policy space to process their resources before exporting them.

This is important in the context of the current global energy transition, where new policies and strategies are positioning Africa as a target for resource extraction, a “new scramble for Africa”.

We reject investment models that put private profits above public good. Instead, African countries should adopt progressive frameworks like the African Mining Vision and the African Continental Free Trade Area (AfCFTA) Investment Protocol, which promote responsible resource management, inclusive growth, and respect for human and environmental rights.
Finally, we demand that civil society organisations get a role in monitoring and holding both governments and investors accountable.

But isn’t this a tall order?
Are you saying ending obsolete and exploitative trade and investment agreements is a tall order? Ending or terminating all international investment agreement that privilege investor profits over public welfare, particularly those with investor state dispute settlement clauses, is the right thing to do. 

What do you detest about corporate power?
Unchecked corporate power is problematic. Corporations should be prohibited from using international arbitration mechanisms that bypass domestic legal systems.
We call for a ban on tax incentives that deplete public resources without delivering real, long-term development benefits.

What are your commitments going forward? 
We shall continue ensuring that people and the planet come before profits. We commit to strengthening our coalitions across borders to demand systemic reform of investment governance. We shall support governments in terminating harmful treaties and negotiating fairer agreements. 

Empowering communities through capacity strengthening and awareness to advocate for respect and upholding human and environmental rights from the government and investors by participating in investment processes and decisions. 
We shall amplify the voices of grassroots movements to challenge exploitative systems across different areas, including investments, trade, debt, and tax/fiscal policies that exacerbate global inequality.

We call for an immediate moratorium on signing new international investment agreements and demand a comprehensive audit to assess the impacts of existing harmful agreements.