In the event of any inconsistency between this Chapter and another Chapter of this Agreement, the other Chapter shall prevail to the extent of the inconsistency.
Article 11.11. Chapter Administration
The Parties shall work together to achieve the objectives of this Chapter through various means, such as information and communication technologies, face-to-face meetings, or working groups with experts in accordance with Article 16.2(b) (Functions of the Commission).
Chapter 12. LABOR
Article 12.1. Definitions
For the purposes of this Chapter:
ILO Declaration means the 1998 International Labour Organization (hereinafter referred to as ILO) Declaration on Fundamental Principles and Rights at Work and its Follow-up;
labor law (1) means the laws or regulations, or provisions of the laws or regulations of a Party, that are directly related to the following internationally recognized labor rights:
(a) Freedom of association and the effective recognition of the right to collective bargaining;
(b) The elimination of all forms of forced or compulsory labor;
(c) The effective and sustained abolition and prevention of child labor, including the worst forms of child labor and the protection of adolescent workers;
(d) The elimination of discrimination in respect of employment and occupation;
(e) working conditions with respect to minimum wages, remuneration, working hours, rest breaks, periodic vacations with pay, occupational safety and health, maternity protection, protection against unemployment, vocational training and social security; and
(f) The rights of migrant workers, in accordance with the provisions of the 1990 United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
Article 12.2. Objectives
The objectives of the Parties under this Chapter are:
(a) To strengthen the broader relationship between the Parties and facilitate the improvement of their capacities to deal with labor issues through dialogue and cooperation;
(b) To progressively strengthen the welfare of their respective workers through the promotion of sound labor policies and practices based on decent work and a better understanding of each Party's labor system;
(c) Provide a forum to discuss and exchange views on labor issues of interest or concern to the Parties;
(d) Promote the observance, dissemination and effective application of the labor legislation of the Parties;
(e) Develop information exchange and labor cooperation activities on mutually beneficial terms, and
(f) Promote the participation of social actors in the development of public agendas through social dialogue.
Article 12.3. Shared Commitments
1. The Parties reaffirm their obligations as Members of the ILO and their commitments under the ILO Constitution of 1919, the Declaration of Philadelphia of 1944, the ILO Declaration on Fundamental Principles and Rights at Work of 1998, the rights contained in the United Nations Universal Declaration of Human Rights of 1948 (2), the United Nations International Covenant on Economic, Social and Cultural Rights of 1966 (3), the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 1990, in accordance with labor legislation within its territory.
2. The Parties shall also promote the implementation of the 2011 United Nations Guiding Principles on Business and Human Rights.
3. Recognizing the right of each Party to establish its own labor laws and regulations and, consequently, to adopt or amend its labor legislation, each Party shall endeavor to ensure that its labor laws and regulations are consistent with internationally recognized labor rights.
4. The Parties recognize that it is inappropriate to establish or use their laws, regulations, policies and labor practices for protectionist trade purposes.
Article 12.4. Labor Rights
1. Each Party shall respect the sovereign right of the other Party to establish its own national policies and priorities and to establish, administer and control its labor laws and regulations. 2. Each Party shall adopt and maintain laws, regulations, and practices derived therefrom, regulating the following rights as set forth in the ILO Declaration:
(a) Freedom of association and the effective recognition of the right to collective bargaining;
(b) The elimination of all forms of forced or compulsory labor;
(c) The effective abolition of child labor and, for the purposes of this Agreement, the prohibition of the worst forms of child labor, and
(d) The elimination of discrimination in respect of employment and occupation.
3. Each Party shall adopt and maintain laws, regulations, and practices derived therefrom, regulating working conditions with respect to minimum wages, remuneration, hours of work, rest periods, periodic vacations with pay, occupational safety and health, maternity protection, protection against unemployment, vocational training and social security.
Article 12.5. Non-derogation
1. The Parties recognize that it is inappropriate to encourage trade or investment by weakening or reducing the protection afforded by each Party's labor laws or by refraining from monitoring its labor laws.
2. Accordingly, no Party shall waive or derogate from, or offer to waive or derogate from, the labor laws and regulations implemented pursuant to Article 12.4, if waiving or derogating from such laws and regulations would be inconsistent with, would weaken or reduce the exercise of any of the rights set forth in Article 12.4.2 or any of the working conditions referred to in Article 12.4.3, in order to encourage trade and/or investment between the Parties.
Article 12.6. Application of Labor Law
1. No Party shall fail to effectively enforce its labor laws, 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. If a Party fails to comply with an obligation under this Chapter, it may not be excused on grounds related to the allocation of resources for the enforcement of its labor law. Each Party retains the right to exercise reasonable discretion for enforcement and to make good faith decisions on the allocation of resources for labor enforcement activities relating to the core labor rights and working conditions listed in Article 12.4, provided that the exercise of such discretion and decisions is not inconsistent with its obligations under this Chapter.
3. Nothing in this Chapter shall be construed to empower the authorities of a Party to carry out labor law enforcement activities in the territory of the other Party.
Article 12.7. Forced or Compulsory Labor
1. Each Party recognizes the objective of preventing and eliminating all forms of forced or compulsory labor, trafficking for the purpose of labor exploitation, and child labor, and commits to continue to take measures towards this objective.
2. Accordingly, the Parties agree to identify opportunities for cooperation to exchange information, experiences and best practices in this area.
Article 12.8. Corporate Social Responsibility
Each Party shall encourage enterprises operating in its territory to voluntarily adopt corporate social responsibility initiatives on labor issues that have been approved or are supported by that Party.
Article 12.9. Cooperation
1. The Parties recognize the importance of cooperation as a mechanism to effectively implement this Chapter, increase opportunities to improve labor laws and regulations, and further advance common commitments with respect to labor issues and decent work, including the welfare and quality of life of workers and respect for the principles and rights recognized in the ILO Constitution of 1919, the Declaration of Philadelphia of 1944, the fundamental labor conventions, the ILO Declaration on Fundamental Principles and Rights at Work of 1998, and the rights contained in the United Nations Universal Declaration of Human Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1948, the International Covenant on Economic, Social and Cultural Rights of 1998, and the International Covenant on Civil and Political Rights of 1948, the fundamental labor conventions, the 1998 ILO Declaration on Fundamental Principles and Rights at Work, and the rights contained in the 1948 United Nations Universal Declaration of Human Rights, the 1966 United Nations International Covenant on Economic, Social and Cultural Rights, and the 1990 United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
2. In carrying out cooperative activities, the Parties shall be guided by the following principles:
(a) Consideration of each Party's priorities and available resources;
(b) Broad participation of the Parties, to their mutual benefit;
(c) Relevance of capacity and skills development activities, including technical assistance among the Parties, to address labor protection issues and activities to promote innovative labor practices in the workplace;
(d) Generation of measurable, positive and meaningful work results;
(e) Resource efficiency, including through the use of technology, as appropriate, to optimize resources used in cooperative activities;
(f) Complementarity with existing regional and multilateral initiatives to address labor issues; and
(g) Transparency and public participation.
3. Each Party shall seek the views and, as appropriate, the participation of persons or organizations of that Party, including representatives of workers and employers, in identifying potential areas for cooperation and carrying out cooperative activities. Subject to the agreement of the Parties, cooperative activities may involve relevant regional or international organizations, as well as other countries.
4. The financing of cooperative activities carried out within the framework of this Chapter shall be decided by the Parties on a case-by-case basis.
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. Areas of cooperation may include, but are not limited to: labor policies; good labor systems practices; migrant workers' rights; the development and management of human capital for improved employability; business excellence; increased productivity for the benefit of workers and employers; the promotion of awareness of, and respect for, the principles and rights set out in the ILO Declaration and the concept of Decent Work as defined by the ILO, the ILO Fundamental Rights Conventions, and the 2011 UN Guiding Principles on Business and Human Rights; occupational safety and health; the promotion of equal rights, treatment and opportunities with respect to gender; the elimination of discrimination and the protection of vulnerable workers, low-skilled, casual or temporary workers; social dialogue, including consultation and tripartite collaboration; certification of labor competencies; and such other areas as the Parties may decide.
7. The Parties may carry out activities in the areas of cooperation set forth in paragraph 6, through:
(a) Workshops, seminars, dialogues and other forums to exchange knowledge, experiences and best practices, including online forums and other knowledge-sharing platforms;
(b) Study tours, visits and research studies to document and study policies and practices;
(c) Collaborative research and development related to best practices in areas of mutual interest;
(d) Specific exchanges of technical expertise and technical assistance, where appropriate, and
(e) Other forms that the Parties may decide.
Article 12.10. Public Awareness and Due Process of Law
1. Each Party shall promote public awareness of its labor laws, including by ensuring that information related to its labor laws and the procedures for their application and enforcement are publicly available.
2. Each Party shall ensure, as provided in its legal system, that persons with a legally recognized right or interest in a particular matter have appropriate access to impartial and independent tribunals with jurisdiction over the application of that Party's labor laws.
3. Each Party shall ensure that the procedures before the courts for the application of its labor laws are fair, equitable, transparent and free of charge; comply with due process of law; and do not involve unreasonable costs or unreasonable time limits or unwarranted delays, in accordance with the legal system of each Party.
4. Each Party shall provide that the parties to such proceedings shall have the right to file appeals and to seek review or appeal, as appropriate under its legal system.
5. Each Party shall provide procedures to effectively enforce the final decisions of its courts in these proceedings, in accordance with its legal system.
6. For greater certainty, in the event that a court's decision is inconsistent with a Party's obligations under this Chapter, nothing in this Chapter shall be construed to require a court of a Party to reopen a decision that has been made in a particular matter.
Article 12.11. Public Communications
1. Each Party shall, through its Point of Contact designated pursuant to Article 12.13, provide that written communications from a person or organization of that Party on matters related to this Chapter shall be received and considered in accordance with its legal system. Accordingly, each Party shall make the relevant procedures, including time limits for receipt and consideration of written communications, readily accessible and publicly available.
2. The Parties may provide in their procedures the following minimum requirements for a communication to be admitted for consideration:
(a) Raise a matter directly relevant to this Chapter;
(b) Clearly identify the person or organization submitting the communication, and
(c) Explain, to the greatest extent possible, how and to what extent the matter raised affects trade or investment between the Parties.
3. Each Party shall:
(a) Consider the issues raised in the communication and provide a timely response to the person or organization of the Party that submitted the communication, including in writing, as appropriate;
(b) Bring the communication to the attention of the other Party, and
(c) Make the results of the consideration of the communication available to the other Party and to the public, in accordance with the legal system of each Party.
4. A Party may request, from the person or organization that submitted the communication, such additional information as may be necessary to examine its contents.
Article 12.12. Public Participation
1. In the conduct of its activities, including meetings, the Labor Committee established in Article 12.13 may provide the means for the reception and consideration of the views of representatives of its labor and business organizations, as well as of persons with a legitimate interest in matters related to this Chapter.
2. Each Party shall consult a national labor, advisory or consultative body, or similar mechanism, composed of persons or organizations of that Party, including representatives of its labor and business organizations, to provide views on matters relating to this Chapter.
Article 12.13. Institutional Provisions
1. In order to facilitate communication between the Parties for the purposes of this Chapter, each Party shall designate a Contact Point within its Ministry of Labor or Ministry of Foreign Affairs or equivalent entity within six (6) months of the date of entry into force of this Agreement. Each Party shall notify the other, as soon as possible, of any change of the Contact Point.
2. The Parties may exchange information by any means of communication, including the Internet and videoconferencing.
3. The Points of Contact shall:
(a) Facilitate frequent communication and coordination between the Parties;
(b) Attend the Labor Committee established in paragraph 4;
(c) To report to the Commission regarding the implementation of this Chapter, if necessary;
(d) Act as a channel of communication with the public in their respective territories, and
(e) Work together, including with other appropriate agencies of their governments, to develop and implement cooperative activities.
4. The Parties establish the Labor 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 Labor Committee shall be composed of one or more high-level government representatives responsible for labor and trade matters or their designees.
Article 12.14. Labor Consultations
1. The Parties shall at all times endeavor to resolve, by mutual agreement and on the basis of the principle of mutual respect, questions concerning the interpretation and application of the provisions of this Chapter through dialogue, consultation, exchange of information and, where appropriate, cooperation.
2. A Party may, at any time, request labor consultations with the other Party with respect to any matter arising under this Chapter by delivering a written request to the Contact Point of the other Party. The requesting Party shall include specific information, including identification of the subject matter at issue and an indication of the legal basis under this Chapter.
3. The requested Party shall acknowledge receipt of the request, in writing, within seven days of its receipt. (7) days following the date of receipt, unless otherwise agreed.
4. The Parties shall initiate labor consultations, in good faith, within sixty (60) days. (60) days following the date of receipt of the application.
5. Labor consultations may be held in person or by any other technological means available to the Parties. If labor consultations are held in person, they shall be held in the capital of the requested Party, unless the Parties agree otherwise.
6. The Parties shall make every effort to reach a mutually satisfactory resolution of the matter through labor consultations pursuant to this Article, taking into account such opportunities for cooperation related to the matter as may be possible. The Parties may seek the advice of an independent expert or experts chosen by the Parties to assist them. The Parties may have recourse to procedures such as good offices, conciliation or mediation.
7. In labor consultations under this Article, a Party may request the other Party to involve the personnel of its governmental agencies or other regulatory bodies with specialized knowledge in the subject matter of the labor consultations.
8. If the Parties are unable to resolve the matter within ninety (90) days of the commencement of consultations, either Party may request that the Labor Committee meet to consider the matter by delivering a written request to the other Party through its Point of Contact. The Labor Committee shall meet within thirty (30) 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 and through procedures such as good offices, conciliation and mediation.
9. If, upon convening the Labor Committee, the Parties have failed to resolve the matter within ninety (90) days after the expiration of the period referred to in paragraph 8, the requesting Party may refer the matter to the competent Ministers of the requesting and requested Party, who shall seek to resolve the matter.
10. The labor consultations shall be confidential and their results shall be compiled in a report agreed by the Parties, which shall implement the conclusions and recommendations of such report as soon as possible. The report shall be public, unless otherwise agreed by the Parties.
Article 12.15. Exclusion from the Dispute Settlement Mechanism
No Party may have recourse to the dispute settlement mechanism under Chapter 18 (Dispute Settlement) with respect to any matter arising under this Chapter.
Chapter 13. TRADE AND THE ENVIRONMENT
Article 13.1. Context and Objectives
1. The Parties recognize 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 recognize the contribution that trade could make to sustainable development.
2. The Parties recall the 1972 Stockholm Conference on the Human Environment, the 1982 United Nations Convention on the Law of the Sea, the 1992 Rio Declaration on Environment and Development, the 1992 Agenda 21 on Environment and Development, the 2002 Johannesburg Earth Summit on Sustainable Development, Rio+20: The Future We Want and the 2030 Agenda for Sustainable Development; the 1992 United Nations Framework Convention on Climate Change and its related legal instruments, including the 2016 Paris Agreement, bilateral instances and existing environment-specific additional protocols from the 1991 Treaty between the Republic of Argentina and the Republic of Chile on Environment.
3. Therefore, the objectives of this Chapter are:
(a) Promote mutually supportive trade and environmental policies;
(b) Promote high levels of environmental protection that contribute to the objective of sustainable and equitable development;
(c) Effective enforcement of environmental legislation;
(d) Build the Parties' capacities to address trade-related environmental issues, including through bilateral cooperation;
(e) Promote the use of environmental measures in accordance with their legitimate objectives and not as a means of arbitrary or unjustifiable discrimination or a disguised restriction on international trade, in accordance with WTO agreements;
(f) Promote the existing bilateral instances from the Treaty between the Republic of Argentina and the Republic of Chile on Environment of 1991, and
(g) Promote cooperation in the sustainable use of the components of biological diversity and environmental conservation.
Article 13.2. Right to Regulate In Environmental Matters
1. The Parties recognize their sovereign right to establish their own environmental priorities, and their own levels of environmental protection and conservation, as well as to establish, adopt or modify their environmental legislation and policies accordingly.
2. Each Party shall ensure that its environmental laws, regulations, policies and practices are consistent with the Multilateral Environmental Agreements (hereinafter referred to as MEAs) to which it is a party.
Article 13.3. Multilateral Environmental Agreements
1. The Parties recognize the importance of MEAs, to which they are both parties, in the protection of the environment and that their respective implementation is fundamental to achieve the environmental objectives of these agreements as a response of the international community to environmental problems. In this framework, they stress the need to improve mutual support under an appropriate linkage between trade and environmental policies. Accordingly, the Parties reaffirm their commitment to implement the MEAs to which they are both parties.
2. The Parties agree to cooperate, as appropriate, with respect to environmental matters of mutual interest related to the MEAs to which they are both parties and, in particular, trade-related issues. They will also discuss issues of mutual interest, as appropriate, on multilateral negotiations in the field of trade and environment.
Article 13.4. Environmental Commitments
1. Each Party shall ensure that its environmental policies and laws promote and establish high levels of environmental protection and shall strive to further improve its levels of environmental protection.
2. No Party shall fail to comply with its environmental legislation, through a sustained or recurring course of action or inaction, affecting trade or investment between the Parties.
3. Each Party retains the right to make decisions on the allocation of resources for the implementation of environmental laws, regulations and policies, provided that they are not inconsistent with its obligations under this Chapter.
4. The Parties may not promote trade by weakening or reducing the protection afforded by their environmental laws. Accordingly, no Party shall terminate, repeal, or offer to terminate or repeal its environmental law in a manner that weakens or reduces the protection afforded by that law in order to encourage trade between the Parties.
5. The Parties shall not apply their environmental laws and regulations in a manner that constitutes a disguised restriction on trade or an unjustifiable or arbitrary discrimination.
6. 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 13.5. Access to Justice, Information and Participation
1. The parties reaffirm the full validity of Principle 10 of the 1992 Rio Declaration on Environment and Development, which recognizes that all people have access to information, can participate in decision-making in environmental matters and have access to justice through administrative and judicial procedures.
2. The Parties agree to exchange information and cooperate with each other in relation to the implementation of Principle 10 of the 1992 Rio Declaration on Environment and Development, promoting the participation of interested citizens.
3. Each Party shall ensure, in accordance with its legal system, that an interested person may request that the competent authorities investigate alleged violations of its environmental laws, and that the authorities give due consideration to such requests.
4. Each Party shall ensure that judicial or administrative proceedings for the enforcement of its environmental laws comply with due process. Any hearings in such proceedings shall be open to the public, except where otherwise required under its legal system.
5. Each Party shall provide for appropriate remedies and penalties for violations of its environmental laws and ensure their proper enforcement.
6. Each Party shall promote public awareness of its environmental laws and policies, as well as enforcement and compliance procedures, ensuring availability and access to information.
7. Each Party shall receive written communications regarding the implementation of this Chapter, which shall be considered and responded to in accordance with its national procedures.
8. Each Party shall make available to the public, in an accessible manner, including through publication on Internet pages, the procedures for the receipt and consideration of written communications, as well as the admissibility requirements for acting on the communication submitted and the agency or unit competent to receive, handle and respond to such communication.
9. If a communication raises issues that are the subject of judicial or administrative proceedings at the time of receipt, the response of the Party concerned shall be limited to providing information identifying the case in progress.
10. Each Party may make use of domestic consultative mechanisms to seek views on matters related to the implementation of this Chapter.