The EU–Indonesia Free Trade Agreement: a critical analysis and an alternative

The Netherlands and Portugal join four other EU countries facing such a complaint.

The Netherlands and Portugal join four other EU countries facing such a complaint, as the Global Days of Action against Investor-State Dispute Settlement (ISDS) begin.

Shell is suing the Netherlands in yet another attempt to evade its responsibility for decades of gas extraction in Groningen. For years, gas production has triggered earthquakes, damaged over a hundred thousand homes, and left residents living in prolonged insecurity, still waiting for repairs, reinforcement, and justice.

SOMO and Both ENDS strongly condemn the newly revealed investor-state dispute settlement (ISDS) case filed by Petrogas, an Omani oil and gas company operating two shallow-water gas fields in the Dutch North Sea, against the Netherlands under the Netherlands-Oman bilateral investment treaty (BIT).

Recently, many newspapers have written about Brussels’ rush to finalize the trade agreement between the EU and the South American Mercosur countries. According to the European Commission, national parliaments do not need to approve it because the trade part and the “political” part have been separated. This “splitting” means that the trade part can be approved as an EU-only decision by the European Council and the European Parliament, while national parliaments are sidelined and the political-cooperation part is postponed. Both ENDS and its partners are deeply concerned and are calling on the Dutch government to vote against this outdated agreement.

On September 23th the European Union and Indonesia concluded their negotiations of the EU-Indonesia Comprehensive Economic Partnership Agreement (CEPA), a free trade agreement between the EU and Indonesia. Both ENDS condemns this agreement for favoring corporate interests over those of local communities and the environment.

A recent report by Wageningen Economic Research (WER) on the economic consequences of the trade agreement between the EU and Mercosur confirms what civil society organizations, policymakers, and trade unions have been signaling for years: this agreement does not offer a balanced perspective for farmers and the environment. Instead, it increases power inequalities and shifts burdens onto (small-scale) farmers. Moreover, the deal risks reinforcing unsustainable practices that complicate the climate transition and addressing environmental challenges in both the EU and Mercosur countries.

Photo blog - In June, I travelled to Indonesia with our partner organization Puanifesto to research the impacts of nickel mining in East Sulawesi. On July 13th, the news broke that the European Union and Indonesia have reached a political agreement on a free trade agreement that was years in the making, called the Comprehensive Economic Partnership Agreement (CEPA). Nickel from Sulawesi is already being used in European cars. This makes it all the more important that we ensure that human and environmental rights are secured in mining and refining operations in Indonesia, before the road is opened to more extraction and exploitation for the European market. The conversations we have had with communities and workers on East Sulawesi show that more binding regulations are necessary to make this happen and ensure an energy transition that is socially and environmentally just.