6. The Parties reaffirm the commitments made within the WTO framework on gender, including the Joint Declaration on Trade and Women's Economic Empowerment on the occasion of the WTO Ministerial Conference in Buenos Aires in December 2017, as well as the Informal Working Group on Trade and Gender established in 2020, and the Joint Ministerial Declaration on Promoting Gender Equality and Women's Economic Empowerment in Trade in the framework of the Twelfth WTO Ministerial Conference in December 2021.
Article 19.2. Shared Commitments
1. The Parties affirm their commitment to adopt, maintain and implement laws, regulations, policies and best practices on gender equality.
2. Each Party shall promote public awareness of its gender equality laws, regulations, policies and practices, as well as of the activities carried out under this Chapter.
3. Each Party, in accordance with its priorities and interests, reserves the right to establish, modify and monitor compliance with its laws, regulations and policies on gender equality.
Article 19.3. International Agreements
1. Each Party reaffirms its commitment to implement its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the United Nations General Assembly on December 18, 1979.
2. Each Party reaffirms its commitment to the Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Belem do Para Convention), adopted by the General Assembly of the Organization of American States on September 18, 1994.
3. Each Party reaffirms its commitment to implement the 1995 Beijing Declaration and Platform for Action on the Rights of Women and Girls and their Empowerment, in particular in the area of women and the economy.
4. Each Party reaffirms its commitment to implement the obligations contained in other international agreements to which it is a party, which refer to gender equality or women's tights, in particular those related to equal remuneration between men and women, maternity protection, reconciliation of work and family life, among others.
Article 19.4. Cooperative Activities
1. The Parties recognize the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage the participation of women in the national and international economy and equal treatment and opportunities between men and women.
2. The Parties shall by mutual agreement carry out cooperative activities designed to improve the capabilities and conditions for women in their diversity to fully access and benefit from the opportunities created by this Agreement.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties, through interaction with their respective governmental institutions, private sector entities, educational or research institutions, solidarity economy organizations, local governments or other non-governmental bodies and their representatives, as appropriate.
4. Areas of cooperation may include:
(a) programs and initiatives to maximize the positive impacts of increased participation of women in international trade;
(b) activities to promote, disseminate and raise awareness of the importance of gender equality for sustainable economic growth and its relevance to trade policy;
(c) joint programs and activities developed or funded the framework of the WTO and other international organizations, where appropriate, to promote the export of women-led enterprises and entrepreneurship, as well as to maximize the positive impacts of increasing women's participation in international trade;
(d) programs to promote the full participation, advancement and empowerment of women in society by building capacity and enhancing the skills of women in the workplace, in business and at senior levels in all sectors of , including on corporate boards;
(e) activities aimed at promoting the full participation of women in the economy, mainly by encouraging their participation, leadership and education in fields in which they are underrepresented, such as science, , and mathematics (STEM), as well as innovation and business;
(f) programs to promote women's financial education and inclusion, as well as access to financing and financial assistance;
(g) programs to promote women's leadership, as well as the development of women's networks and associativity;
(h) development of best practices and standards to promote gender equality within companies and the inclusion women in the workforce and in commerce, including those aimed at promoting the reconciliation of family, personal, academic and working life;
(i) promoting women's participation in decision-making positions in the public and private sectors;
(j) promotion of women's entrepreneurship, including support for programs that help formalize women's entrepreneurship and promote women-led exports;
(k) promote business development services for women and programs to improve their digital skills and access to online business tools;
(l) programs aimed at greater inclusion in trade of women in vulnerable situations;
(m) exchange of information on the experiences of each Party with respect to the establishment and implementation of policies and programs that address gender issues, in order to achieve the greatest possible benefit under this Agreement;
(n) exchange of information on the experiences and lessons learned by the Parties through cooperative activities carried out under this article;
(o) sharing methods and procedures for the collection and analysis of trade-related sex-disaggregated data; and
(p) other matters agreed by the Parties.
5. The Parties may out activities in the areas of cooperation set forth in paragraph 4 through:
(a) workshops, seminars, dialogues and forums to exchange knowledge, experiences and best practices, in person or through virtual means;
(b) internships, visits and research studies to document and study policies and best practices;
(c) collaborative research and development of projects and best practices on issues of mutual interest;
(d) specific exchanges of technical expertise and technical assistance, where appropriate; and
(e) other activities agreed upon by the Parties.
6. The Parties may invite and involve international donor institutions, private sector entities, non-governmental organizations, other relevant institutions, or other countries with an interest in the development of gender programs or activities, as appropriate, to assist in the development and implementation of specific activities.
7. Priorities in cooperative activities shall be decided by the Parties based on their interests and available resources, taking into consideration women in their diversity.
Article 19.5. Focal Points
1. The Parties establish the following focal points:
(a) for Costa Rica, the National Women's Institute (INAMU), and the Ministry of Foreign Trade for communications with the Commission and any other matter within their competence, or their successors, and
(b) for Ecuador, the National Council for Gender Equality and the Vice-Ministry of Foreign Trade of the Ministry of Production, Foreign Trade, Investment and Fisheries, or their successors.
2. The focal points shall:
(a) identify, organize and facilitate cooperative activities under Article 19.4;
(b) report and make recommendations to the Commission on any matter related to this Chapter;
(c) discuss joint proposals to support public policies on trade and gender;
(d) consider matters related to the implementation and operation of this Chapter;
(e) work together, including with other relevant agencies of their governments, to develop and implement activities and areas of cooperation;
(f) at the request of a Party, consider and discuss any matter that may arise relating to the interpretation and application of this Chapter;
(g) establish a work plan integrating the cooperative activities set forth in Article 19.4; and
(h) carry out such other work as may be determined by the Parties.
3. The focal points shall meet every two years or as agreed by the Parties, in person or by any available technological means, to consider any matter related to this Chapter.
4. The focal points may work with other committees, working groups and subsidiary bodies established under this Agreement. In the context of this work, focal points shall encourage the efforts of these committees, working groups or subsidiary bodies to integrate gender equality commitments, considerations and activities into their work. However, this Chapter shall not be used to impose obligations or commitments with respect to other chapters of this Agreement.
5. The focal points may request the Commission to refer the work carried out pursuant to this article to any other committee, working group and other subsidiary bodies established under this Agreement.
6. The focal points should report results and make recommendations to the Commission that can be included in future assistance programs or other cooperative programs for women, as appropriate.
7. Each Party shall develop mechanisms to publicly report on activities carried out under this Chapter.
Article 19.6. Trade and Gender Consultations
1. Any issues arising in connection with the implementation of this Chapter shall be resolved amicably and in good faith by the Parties through direct dialogue, consultation and cooperation.
2. A Party may request consultations with the other Party by delivering a written request to the contact point designated in Article 19.5, explaining the reasons for the consultations.
3. If the Parties, through their focal points, are able to resolve the matter, they shall document the outcome including, if appropriate, the specific steps and timelines agreed. The Parties, through their focal points, shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless they agree otherwise.
Article 19.7. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 24 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 20. Environment
Article 20.1. Context and Objectives
1. The Parties reaffirm their commitment to promote the development of international trade in such a way that it contributes to the objective of sustainable development and shall endeavor to ensure that this objective is integrated and reflected at all levels of their trading relationship.
2. The Parties recognize that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development. They note that enhanced cooperation to protect and conserve the environment and sustainably manage its natural resources brings benefits and makes it possible to promote trade conducive to sustainable development, strengthen their environmental governance and complement the objectives of this Agreement.
3. The Parties recognize that it is not their intention in this Chapter to harmonize their environmental legislation, but to strengthen their trade relations and cooperation in a manner that promotes sustainable development in the context of paragraphs 1 and 2.
4. In this , the Parties:
(a) recognize their commitments to promote compliance with and effective implementation of each Party's environmental legislation;
(b) strive to promote the conservation and sustainable use of biodiversity, and the preservation of traditional knowledge relevant to the conservation of biological diversity and the sustainable use of its components; and
(c) reaffirm their intention to strengthen cooperation on environmental issues.
Article 20.2. Scope
This Chapter shall apply to measures adopted or maintained by the Parties on environmental matters affecting trade-related aspects.
Article 20.3. General Principles
1. The Parties shall strive to make trade and environmental policies mutually supportive and promote the appropriate use of their resources, including biodiversity, in accordance with the objective of sustainable development.
2. The Parties reaffirm their sovereign right over their natural resources, reiterate their sovereign rights to establish their own levels of environmental protection and their own environmental development, policies and priorities, and to adopt or modify their environmental legislation and policies accordingly.
Article 20.4. Specific Commitments
1. Each Party shall strive to ensure that its legislation and policies provide high levels of environmental protection and sustainable use and conservation of its natural resources. Each Party shall also endeavor to continue to improve its levels of protection in these matters.
2. The Parties recognize that it is inappropriate to promote trade or investment by weakening or reducing the protections afforded in their environmental laws. Accordingly, no Party shall repeal, or offer to repeal, such laws in a manner that weakens or reduces the protections afforded in those laws, as an inducement to promote trade or investment between the Parties.
3. The Parties recognize that it is inappropriate to use their environmental measures in a manner that constitutes a means of arbitrary or unjustifiable discrimination between the Parties or a disguised restriction on trade or investment. The Parties shall ensure that their environmental legislation and policies shall not be established or applied for protectionist trade purposes.
4. Each Party shall strive to keep its laws and policies consistent and in compliance with the multilateral environmental agreements (hereinafter "MEAs") to which it is a party, as well as with international efforts to achieve sustainable development.
5. The Parties shall seek to cooperate on matters of mutual interest in the WTO Committee on Trade and Environment.
Article 20.5. Application of Legislation
1. A Party shall not fail to effectively enforce its environmental law, through a sustained or recurring course of action or inaction, in a manner affecting trade or investment between the Parties, after the date of entry into force of this Agreement.
2. Nothing in this Chapter shall be construed to empower the competent authorities of a Party to conduct enforcement activities in the territory of the other Party.
Article 20.6. Multilateral Environmental Agreements
1. The Parties recognize that MEAs play an important role, at the global, regional and national levels, in protecting the , and that their respective implementation is critical to achieving the environmental objectives of these agreements, as well as to achieving sustainable development. Accordingly, each Party affirms its commitment to implement the MEAs to which it is a party.
2. The Parties emphasize the need to foster mutual supportiveness between trade and environmental legislation and policies, through dialogue between the Parties on trade and
environmental matters of mutual interest, particularly with respect to the negotiation and implementation of relevant multilateral environmental and trade agreements.
Article 20.7. Procedural Guarantee
1. Each Party shall ensure that persons with a recognized interest in a particular matter under its law have adequate access to the courts for the enforcement of the Party's environmental law. Such tribunals may be administrative, judicial or other relevant tribunals.
2. Each Party shall ensure that proceedings before such tribunals for the enforcement of its environmental laws are fair, equitable and transparent.
3. Each Party shall provide that parties to such proceedings may bring actions to secure the enforcement of their rights under its law.
4. Each Party shall promote public awareness of its environmental laws, policies and practices in its country and may develop mechanisms, as appropriate, to its public of activities undertaken under this Chapter in accordance with its environmental laws, policies and practices.
Article 20.8. Environmental Committee
1. The Parties establish an Environmental Committee (hereinafter referred to as "the Committee") composed of senior officials of the relevant administrations.
2. The functions of the Committee shall include:
(a) define their actions through an agreed work program of cooperative activities;
(b) monitor and evaluate the agreed cooperation activities;
(c) serve as forum for dialogue on environmental issues of mutual interest;
(d) review the operation and results of this Chapter; and
(e) to take any other action by virtue of its functions when the Parties so agree.
3. The Committee may consider any other matter within the scope of this Chapter, and may identify possible new areas of cooperation.
4. The Committee shall meet as necessary to discuss matters of common interest and oversee the implementation of this Chapter, including cooperative activities. Meetings may be held in person or by any technological means.
Article 20.9. Focal Points
Each Party shall designate an environmental focal point for the implementation of this Chapter. After the date of entry into force of this Agreement, the Parties shall provide their contact information and notify each other in a timely manner.
Article 20.10. Indigenous Peoples and Local Communities
1. The Parties recognize the contribution of indigenous peoples and local communities, as defined in accordance with their respective national legislation, as well as traditional knowledge, to the promotion of sustainable development, including in the environmental sphere, and the importance of promoting trade that is inclusive and that can strengthen this contribution.
2. The Parties shall seek to exchange information and experiences and cooperate in areas of mutual interest, such as the participation of indigenous peoples and local communities and the consideration of their traditional knowledge in environmental management and trade, and the promotion of the contributions that these communities make to sustainable development.
Article 20.11. Public Participation
1. The Parties recognize the importance of promoting public participation of all interested sectors including the business sector, organizations, local communities and indigenous peoples as appropriate, to address trade-related environmental issues.
2. Each Party shall endeavor to respond to requests for information from persons regarding trade-related environmental issues, within the framework of the provisions of this Chapter.
3. Each Party shall make use of the dialogue established within the Committee to seek views on matters related to the implementation of this Chapter and requests for information received from time to time.
Article 20.12. Trade and Biodiversity
1. The Parties recognize the importance of the conservation of biological diversity, sustainable use of its components, in accordance with their respective national legislation or domestic policies, and the key role of biological diversity in achieving sustainable development.
2. The Parties recognize the importance of respecting, preserving and maintaining the knowledge and practices of indigenous and local communities that involve traditional lifestyles that contribute to the conservation and sustainable use of biological diversity.
3. Each Party shall endeavor to promote and encourage actions for the conservation and sustainable use of biological diversity, as well as the participation of indigenous and local communities in the dialogues to be established in relation to these trade-related issues.
Article 20.13. Trade and Climate Change
1. The Parties recognize that climate change poses significant risks to communities, infrastructure, the economy, the environment and human health, with potential implications for international trade, and that efforts are required to build resilience. Furthermore, the Parties reaffirm their respective commitments under the 1992 United Nations Framework Convention on Climate Change, the 1997 Kyoto Protocol, and the 2016 Paris Agreement.
2. In accordance with the above, each Party shall endeavor to promote the contribution of trade to sustainable development and the transition to a sustainable low-emission economy and climate-resilient development, as well as actions on climate change mitigation and adaptation.
Article 20.14. Environmental Consultations
1. Any question arising in connection with the interpretation or implementation of this Chapter shall be resolved amicably and in good faith by the Parties through direct dialogue, consultation and cooperation.
2. A Party may request consultations with the other Party by delivering a written request to the focal point designated in Article 20.9, explaining the reasons for the consultations.
3. If the Parties, through their focal points, are able to resolve the matter, they shall document the outcome including, if appropriate, the specific steps and timelines agreed upon. The Parties, through their focal points, shall prepare a consensus report summarizing the outcome of the consultations held and make it publicly available, unless they agree otherwise.
4. If the Parties fail to resolve the matter through the focal points, the matter may be discussed by the Committee.
Article 20.15. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to implement this Chapter, to enhance its benefits and to strengthen the Parties' joint and individual capacities to protect the environment and to promote sustainable development, while strengthening their trade and investment relations.
2. The Parties agree to promote cooperative activities of mutual interest related to the implementation of this Chapter and may include international bodies and organizations or non- governmental organizations in this cooperation.
3. The Parties shall endeavor to ensure that cooperative activities:
(a) are consistent with national development programs and strategies and priorities of each Party;
(b) create opportunities for the public to participate in the development and implementation of such activities; and
(c) take into consideration the economy and legal system of each Party.
4. Areas of cooperation between the Parties in relation to this Chapter may include, but shall not be limited to:
(a) institutional capacity for the enforcement of environmental legislation, including MEAs;
(b) cleaner production technologies; (c) forestry;
(d) biodiversity;
(e) protected areas;
(f) water quality and water resources;
(g) air quality;
(h) energy efficiency and renewable energy;
(i) innovative environmental technologies, including carbon dioxide capture technologies;
(j) measures to assess vulnerability and adaptation to climate change; and
(k) other environmental matters as the Parties may agree in accordance with their priorities.
5. Cooperation may be carried out through various means, including dialogues, workshops, seminars, conferences, collaborative programs and projects, technical assistance to promote and cooperation and training, the exchange of best practices in policies and procedures, and the exchange of experts.
Article 20.16. Non-Application of Dispute Resolution
Neither Party may have recourse to the dispute settlement mechanism provided for in Chapter 24 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 21. Labor
Article 21.1. Context and Objectives
1. The Parties recognize that this Chapter enshrines a cooperative approach based on common values and interests.