1. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection afforded by each Party's labor laws, or by refraining from enforcement of its labor laws.
2. Accordingly, neither Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, its labor laws or regulations implementing Article 11.4, if the waiver or derogation would be inconsistent with, undermine, or reduce adherence to a right set out in Article 11.4.2 or a condition of work referred to in Article 11.4.3, in order to promote trade and/or investment between the Parties.
Article 11.7. Forced or Compulsory Labour
1. The Parties recognize the goal of eliminating all forms of forced or compulsory labour, including forced or compulsory child labour.
2. Accordingly, the Parties agree to identify opportunities for cooperation to exchange information, experiences and best practices related to this matter.
Article 11.8. Responsible Business Conduct
Each Party shall, according to its priorities, encourage enterprises operating within its territory or jurisdiction to incorporate into their internal policies principles and standards of responsible business conduct that contribute to achieving sustainable development in its labour dimension, which are consistent with internationally recognized guidelines and principles that have been adopted or endorsed by that Party.
Article 11.9. Business and Human Rights
1. The Parties recognize that the business and human rights agenda focuses on preventing negative impacts on people's human rights and aims to respect the labour rights and human dignity of workers, employers, consumers and society.
2. In order to achieve this objective, the Parties will identify opportunities for cooperation in this field and promote the observance of the UN Guiding Principles on Business and Human Rights.
Article 11.10. Youth
1. The Parties recognize that the Fourth Industrial Revolution, new trade and business models and the advancement of digitalization in trade are challenges that require participation, trust and inclusion for the benefits of trade to reach all people, especially young people.
2. The Parties agree to identify opportunities for cooperation to exchange information, experiences and best practices that make it possible to incorporate young people into the workforce of the Parties, allowing to promote continuous learning of new technical and methodological skills.
Article 11.11. Cooperation
1, The Parties recognize the importance of cooperation as a tool to effectively implement the commitments contained in this Chapter, and the promotion of good practices aimed at increasing opportunities to improve labour standards, and to further advance common commitments on labour issues and decent work, including the well-being and quality of life of workers, and the principles and rights set out in the ILO Declaration.
2. In the choice of areas of cooperation and the implementation of their activities, the Parties shall be guided by the following principles:
(a) consideration of each Party's priorities and available resources;
(b) broad participation of, and to the mutual benefit of, the Parties;
(c) relevance of capacity and skills development activities, including technical assistance between Parties to address labour protection issues, and activities to promote innovative labour practices in the workplace;
(d) resource efficiency, including through the use of technology, as appropriate, to optimize resources used in cooperative activities;
(e) complementarity with existing regional and multilateral initiatives to address labour issues, and
(f) transparency and public participation.
3. In particular, the Parties will seek to cooperate on matters related to Social Security, as well as on the integration of various vulnerable groups into the labor market and on the design of public policies aimed at eradicating precarious employment and creating a safe and secure work environment for all workers.
4. Each Party shall seek the views and, as appropriate, the participation of stakeholders, including representatives of workers and employers, in identifying potential areas for cooperation and undertaking cooperative activities. Subject to the agreement of the Parties, cooperative activities may involve relevant regional or international organizations, such as the ILO, as well as non-Parties.
5. In addition to the cooperative activities set forth in this Article, the Parties shall, as appropriate, join together and take advantage of their respective memberships in regional and multilateral fora to promote their common interests in addressing labor issues.
6. The Parties may carry out cooperative activities in person or by any available technological means.
Article 11.12. Public Awareness and Procedural Safeguards
1. Each Part:
(a) promote public awareness of its labour laws, including by ensuring that information related to labour laws and the procedures for their implementation and enforcement are publicly available;
(b) ensure that persons with a recognized interest in a particular matter, in accordance with its legal system, have appropriate access to impartial and independent courts and tribunals for the application of that Party's labour laws;
(c) ensure that proceedings before such adjudicatory bodies for the enforcement of its labor laws are fair, equitable and transparent, comply with due process, and do not entail unreasonable costs or unreasonable time limits or unwarranted delays, in accordance with each Party's legal system. Any hearings in such proceedings shall be public, except where the administration of justice provides otherwise, and in accordance with its legal system; and
(d) provide procedures for the effective enforcement of the final decisions of its adjudicatory bodies in the proceedings referred to in the preceding paragraphs, in accordance with the legal system of each Party.
2. Parties to these jurisdictional proceedings shall have the right to file appeals and to seek review or appeal, as appropriate under their legal system.
Article 11.13. Public Communications
1. Each Party, through its designated focal point under Article 11.15.1, shall provide that written submissions from a person or organization of that Party on matters related to this Chapter shall be received and considered in accordance with its domestic procedures. Accordingly, each Party shall make readily accessible and publicly available the relevant procedures, including timelines for the receipt and consideration of written submissions.
2. A Party may provide in its procedures that, in order to be admitted for consideration, a communication shall, at a minimum:
(a) raise an issue directly related to this Chapter;
(b) clearly identify the person or organization submitting the communication;
(c) explain how and to what extent the matter raised affects trade or investment between the Parties;
(d) be sent through the focal point of the Parties, and
(e) not refer to a matter pending before an international body.
3. If a communication raises issues that are already the subject of judicial or administrative proceedings of the Party at the time of its receipt, the response of that Party shall be limited to providing information identifying the case and its status.
4. Each Party shall:
(a) consider the issues raised in the communication and provide a timely response to the submitting applicant, including in writing, as appropriate, and
(b) make the communication and the results of its consideration available to the other Party.
5. A Party may request from the applicant that submitted the communication such additional information as may be necessary to examine the contents of the communication.
Article 11.14. Public Participation
1. In the conduct of its activities, including meetings, the Labor Committee established in Article 11.15.5, may provide the means for the receipt and consideration of the views of representatives of its labor and management organizations, as well as persons with a legitimate interest in matters related to this Chapter.
2. For the purposes of paragraph 1, each Party shall establish or maintain, and consult with, a national labor advisory or consultative body or similar mechanism for members of its public, including representatives of its labor and business organizations, to provide views on matters relating to this Chapter.
Article 11.15. Institutional Arrangements
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate a focal point which, in the case of Chile, shall be within the Undersecretariat for International Economic Relations of the Ministry of Foreign Affairs, or its legal successor, and which, in the case of Paraguay, shall be within the Vice- Ministry of Foreign Affairs of the Ministry of Foreign Affairs, or its legal successor, within six (6) months following the date of entry into force of this Agreement. Each Party shall notify the other Party of the designation of the focal point and, as soon as possible, of any changes thereto.
2. The Parties may exchange information by any agreed means of communication, including the Internet and videoconferencing.
3. The focal points shall:
(a) facilitate frequent communication and coordination between the Parties;
(b) attend the Labor Committee established in paragraph 5;
(c) act as a channel of communication with the public in their respective territories, and
(d) work together, including with other appropriate agencies of their governments, to develop and implement cooperative activities.
4. The focal points may communicate and coordinate activities in a face-to-face format or by electronic or other means of communication.
5. The Parties establish the Labor Committee (hereinafter referred to as the "Committee"), which may meet to discuss matters of mutual interest, including potential areas of cooperation, review the implementation of this Chapter, and to address any issues that may arise between them. The Committee shall be composed of high-level government representatives responsible for labor and trade matters or their designees and, depending on the subject matter, may include representatives of other relevant public entities.
6. Unless otherwise agreed by the Parties, the Committee shall meet within one (1) year after the date of entry into force of this Agreement. The meeting may be held in a face- to-face or virtual format, as agreed by the Parties.
7. The Committee shall meet:
(a) in regular sessions at least every two (2) years, and
(b) at extraordinary sessions at the request of either Party. Ordinary sessions shall be chaired alternately by each Party and extraordinary sessions by the Party that requested it. The sessions may be held in person or by virtual means, as agreed by the Parties.
8. The Committee may hold public meetings to report on relevant matters.
9. All decisions and recommendations of the Committee shall be made by consensus.
10. The functions of the Committee shall be
(a) provide a forum to discuss and review the implementation of this Chapter;
(b) establish the work programmes of the co-operative activities of this Chapter;
(c) provide periodic reports to the Bilateral Administrative Commission on the implementation of this Chapter;
(d) supervise and evaluate the co-operative activities of this Chapter;
(e) serve as a forum for dialogue on matters of mutual interest to this Chapter;
(f) review the operation and results of this Chapter;
(g) seek to resolve matters referred to it under Article 11.16 and 11.17, and
(h) coordinate with other committees established under this Agreement, as appropriate.
11. The Committee, as mutually agreed, may consult or seek advice from relevant stakeholders or experts on matters related to the implementation of this Chapter.
12. The Committee may consider any other matter within the scope of this Chapter and take such other action in the exercise of its functions as the Parties may agree.
Article 11.16. Labour Consultations
1, The Parties shall at all times endeavour to agree on the interpretation and application of this Chapter, and shall make every effort through dialogue, consultation, exchange of information and, as appropriate, cooperation, to address any matter that may affect the operation of this Chapter.
2. A Party may request labor consultations with the other Party, at the level of their respective focal points, with respect to any matter arising under this Chapter by delivering a written request to the other Party's focal point. The consulting Party shall include information that is specific and sufficient to enable the consulted Party to respond, including identification of the matter at issue and an indication of the legal basis for the request under the provisions of this Chapter.
3. The requested Party, through its focal point, shall acknowledge receipt of the request, in writing, no later than seven (7) days after the date of its receipt.
4. Unless the Parties agree otherwise, they shall enter into consultations, through their focal points, within ninety (90) days from the date of receipt of the request referred to in paragraph 2.
5. The Parties, through their focal points, will make every effort to reach a mutually satisfactory resolution of the matter, which may include activities of appropriate cooperation. The Parties, jointly, may request advice or assistance from any person or body they deem appropriate for the purpose of considering the matter.
6. If the Parties, through their focal points, are able to resolve the matter, they will document the outcome including, if appropriate, the specific steps and timelines agreed. The Parties, through their focal points, will prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless they agree otherwise.
Article 11.17. Consultations In the Framework of the Labour Committee
1. If the Parties are unable to resolve the matter through consultations at the focal point level within ninety (90) days of the expiration of the time limit set out in Article 11.16.4, either Party may request in writing that the Committee meet to consider the matter, including in its request the background of the discussions held at the focal point level and the information exchanged.
2. The Committee shall meet no later than sixty (60) days from the date of receipt of the request, unless the Parties agree otherwise, and shall seek to resolve the matter, including, if appropriate, through consultation with independent experts mutually agreed by the Parties.
3. Consultations under this Article shall be confidential and shall take place in the capital of the consulted Party, unless the Parties agree otherwise.
4, If the Committee succeeds in resolving the matter, it shall document the outcome, including, if appropriate, the specific steps and timelines agreed. The Committee shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless the Parties agree otherwise.
Article 11.18. Ministerial Consultations
If the Committee fails to resolve the matter within ninety (90) days of the date of the meeting referred to in Article 11.17.2, the Parties may refer the matter to the relevant Ministers, who shall seek to resolve the matter.
Article 11.19. Termination of Consultations
The Parties shall agree on a report reflecting the outcome of consultations held pursuant to Articles 11.16, 11.17 and 11.18, and undertake to implement within a reasonable time the conclusions and recommendations thereof.
Article 11.20. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 17 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 12. TRADE AND THE ENVIRONMENT
Article 12.1. Definitions
For the purposes of this Chapter:
environmental law means a law or regulation of a Party, or provisions thereof, the primary purpose of which is the preservation, conservation, protection of the environment, or the prevention of a danger to human life or health, through:
(a) the reduction or control of a leak, discharge or emission of environmental pollutants;
(b) the control of environmentally hazardous or toxic chemicals, substances, materials or wastes, and the dissemination of information relating thereto, or
(c) the protection and conservation of wild flora and fauna, including endangered species in danger of extinction, their natural habitat, and natural areas under special protection or natural protected (1) (2) areas.
this definition does not include a law or regulation, or provisions thereof, relating to worker health and safety, or whose primary purpose is the management of natural resources for subsistence or harvesting purposes by indigenous peoples, and
law or regulation means:
(a) in the case of Chile, a law of the National Congress or decree of the President of the Republic, enacted as indicated by the Political Constitution of the Republic of Chile, and
(b) in the case of Paraguay, laws enacted by Congress and other legal provisions of lower hierarchy in accordance with the provisions of the Constitution of the Republic of Paraguay.
Article 12.2. Context
1. The Parties recognise that the environment is one of the three dimensions of sustainable development and that it should be addressed in a balanced manner with the social and economic dimensions. In this regard, the Parties recognise the contribution that trade can make to sustainable development.
2. Parties recall their commitment to sustainable development in line with the 1992 Rio Declaration on Environment and Development, the 2012 United Nations Conference on Sustainable Development (Rio + 20), and the United Nations 2030 Agenda for Sustainable Development.
3. The Parties further recognize that it is inappropriate to apply their environmental measures in a manner that constitutes a disguised restriction on trade or investment.
Article 12.3. Objectives
The Parties, within the framework of this Chapter, agree on the following objectives:
(a) promoting trade and environmental policies to be mutually supportive;
(b) promote high levels of environmental protection taking into account national circumstances and effective implementation of environmental legislation;
(c) building their capacities to deal with trade-related environmental issues, especially through cooperation, and
(d) cooperate with each other for the conservation, protection and restoration of the environment, through the sustainable management of their natural resources and biodiversity and the strengthening of environmental governance, taking into account respective national priorities and circumstances.
Article 12.4. General Provisions
1. The Parties recognize the importance of mutually supportive trade and environmental policies and practices to enhance environmental protection in promoting sustainable development.
2. The Parties recognize the sovereign right of each Party to establish its own levels of domestic environmental protection and its own environmental priorities, and to establish, adopt, or modify its environmental laws and policies accordingly.
3. Each Party shall endeavour to ensure that its environmental laws and policies provide for and encourage high levels of environmental protection and continue to improve their respective levels of environmental protection.
4. No Party shall fail to effectively enforce its environmental laws through a sustained or recurring course of action or inaction in a manner affecting trade or investment between the Parties.
5. The Parties recognize that each Party retains the right to exercise discretion and make decisions with respect to:
(a) investigative, judicial, regulatory and compliance matters, and
(b) the allocation of resources for environmental enforcement relative to other environmental laws, which have been assigned a higher priority.
Accordingly, the Parties understand that a Party is in compliance with paragraph 4 if a course of action or inaction reflects the reasonable exercise of that discretion, or results from good faith decisions regarding the allocation of those resources in accordance with priorities for the enforcement of its environmental laws.
6. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protection afforded by their environmental laws. Accordingly, no Party shall waive, derogate from, or offer to waive or derogate from its environmental laws, in a manner that weakens or reduces the protection afforded in those laws, in order to encourage trade or investment between the Parties.
7. The Parties shall ensure that their environmental laws and policies are not established or applied for protectionist trade purposes or in such a mamner as to constitute a disguised, arbitrary or unjustifiable restriction on trade or investment.
8. Nothing in this Chapter shall be construed to empower the authorities of a Party to conduct environmental enforcement activities in the territory of the other Party.
Article 12.5. Multilateral Environmental Agreements (MEAs)
1. The Parties recognize the contribution of MEAs, to which they are party, to the protection and conservation of the environment. In this regard, the Parties stress the need to enhance mutual supportiveness under an appropriate linkage between trade and environmental policies. Accordingly, the Parties reaffirm their commitment to implement the MEAs to which they are party.
2. The Parties agree to cooperate, as appropriate, with respect to environmental matters of mutual interest related to the MEAs to which they are a party and, in particular, on issues related to trade. The Parties shall also engage in dialogue on issues of mutual interest, as appropriate, on multilateral negotiations in the field of trade and environment.
Article 12.6. Access to Justice In Environmental Matters
1. Each Party shall promote public awareness of environmental laws and policies, including enforcement and compliance procedures, by ensuring that relevant information is publicly available.
2. Each Party shall ensure that an interested person residing or established in its territory may request that the Party's competent authorities investigate alleged violations of its environmental laws, and that the competent authorities give due consideration to such requests, in accordance with the Party's legal system.
3. Each Party shall ensure that judicial or administrative proceedings for the enforcement of its environmental laws are available under its legal system, and that such proceedings are fair, equitable, transparent and comply with due process. Any hearings in such proceedings shall be open to the public, except where the administration of justice requires otherwise in accordance with its legal system.
4. Each Party shall ensure that persons with a recognized interest in a particular matter under its legal system have appropriate access to the procedures referred to in paragraph 3.
5. Each Party shall have appropriate sanctions and remedies for violations of its environmental laws. Such sanctions or remedies may include the right to take action directly against the violator to seek damages or injunctive relief, or the right to seek governmental action.
6. Each Party shall ensure that due consideration is given to relevant factors in establishing the penalties or remedies referred to in paragraph 5. Such factors may include the nature and gravity of the violation, the damage to the environment and any economic benefit that the violator derived from the violation.
Article 12.7. Public Participation
1. Each Party shall seek to respond to requests for information regarding the implementation of this Chapter and shall use its best efforts to respond favorably to requests for information made by persons or organizations in its territory regarding the implementation of this Chapter.
2. Each Party shall make use of existing consultative mechanisms on environmental matters or establish new mechanisms, such as national advisory committees or a similar mechanism, to seek views on matters related to the implementation of this Chapter.
Article 12.8. Public Communications
1. Each Party shall facilitate the receipt and consideration of written submissions from persons of that Party regarding the implementation of this Chapter, and shall respond to them in writing in a timely manner and within the framework of its domestic procedures, disclosing the query made and the respective responses.
2. Each Party shall make publicly available, in an accessible manner, its procedures for the receipt and consideration of written submissions, including the focal point to receive such submissions. The Parties may decide on the most appropriate means to meet this objective, and the respective consultations shall, for purposes of admissibility, comply with the following requirements:
(a) be made in writing in one of the official languages of the Party to which the communication is addressed;
(b) clearly identify the person submitting the communication;
(c) provide sufficient information to permit review of the communication, including documentary evidence to support the facts stated;
(d) explain how, and to what extent, the issue raised affects trade or investment between the Parties;
(e) not raise issues that are the subject of ongoing judicial or administrative proceedings, and