Appendix II – Chapter N bis–Trade and Gender
Article N bis-01: General Provisions
1. The Parties acknowledge the importance of incorporating a gender perspective into the promotion of inclusive economic growth, and the key role that gender-responsive policies can play in achieving sustainable socioeconomic development. Inclusive economic growth aims to distribute benefits among the entire population by providing equitable opportunities for the participation of women and men in business, industry and the labour market.
2. The Parties recall Goal 5 of the Sustainable Development Goals in the United Nations 2030 Agenda for Sustainable Development, which is to achieve gender equality and empower all women and girls. The Parties reaffirm the importance of promoting gender equality policies and practices, and building the capacity of the Parties in this area, including in non-government sectors, in order to promote equal rights, treatment and opportunity between men and women and the elimination of all forms of discrimination against women.
3. The Parties reaffirm the obligations in the Agreement on Labour Cooperation or its successor relating to gender equality and the elimination of gender discrimination. The Parties also reaffirm commitments made in Article G-14bis as they relate to gender, including the Parties’ commitments to the OECD Guidelines for Multinational Enterprises, and the requirement under the Guidelines to establish a National Contact Point.
4. The Parties acknowledge that international trade and investment are engines of economic growth, and that improving women’s access to opportunities and removing barriers in their countries enhances their participation in national and international economies, and contributes to sustainable economic development.
5. The Parties also acknowledge that women's enhanced participation in the labour market and their economic independence and access to, and ownership of, economic resources contribute to sustainable and inclusive economic growth, prosperity, competitiveness, and the well-being of society.
6. The Parties affirm their commitment to adopt, maintain and implement effectively their gender equality laws, regulations, policies and best practices.
7. Each Party shall domestically promote public knowledge of its gender equality laws, regulations, policies and practices.
Article N bis-02: International Agreements
1. Each Party reaffirms its commitment to effectively implement the obligations under the Convention on the Elimination of all Forms of Discrimination Against Women, adopted by the United Nations General Assembly on 18 December 1979.
2. Each Party reaffirms its commitment to implement the obligations under other international agreements addressing gender equality or women’s rights to which it is a party.
Article N bis-03: Cooperation Activities
1. The Parties acknowledge the benefit of sharing their respective experiences in designing, implementing, monitoring and strengthening policies and programs to encourage women’s participation in national and international economies.
2. Accordingly, the Parties shall carry out cooperation activities designed to improve the capacity and conditions for women, including workers, businesswomen and entrepreneurs, to access and fully benefit from the opportunities created by this Agreement. These activities shall be carried out with inclusive participation of women.
3. Cooperation activities shall be carried out on issues and topics agreed upon by the Parties through the interaction of their respective government institutions, businesses, labour unions, education and research organizations, other non-governmental organizations, and their representatives, as appropriate.
4. Areas of cooperation may include:
(a) developing programs to promote women’s full participation and advancement in society by encouraging capacity-building and skills enhancement of women at work, in business, and at senior levels in all sectors of society (including on corporate boards);
(b) improving women’s access to, and participation and leadership in, science, technology and innovation, including education in science, technology, engineering, mathematics and business;
(c) promoting financial inclusion and education as well as promoting access to financing and financial assistance;
(d) advancing women’s leadership and developing women’s networks;
(e) developing better practices to promote gender equality within enterprises;
(f) fostering women’s participation in decision-making positions in the public and private sectors;
(g) promoting female entrepreneurship;
(h) advancing care policies and programs with a gender and shared social responsibility perspective;
(i) conducting gender-based analysis;
(j) sharing methods and procedures for the collection of sex-disaggregated data, the use of indicators, and the analysis of gender-focused statistics related to trade; and
(k) other issues as agreed by the Parties.
5. The Parties may carry out activities in the cooperation areas set out in paragraph 4 through:
(a) workshops, seminars, dialogues and other forums for exchanging knowledge, experiences and best practices;
(b) internships, visits and research studies to document and study policies and practices;
(c) collaborative research and development of best practices in subject-matters of mutual interest;
(d) specific exchanges of specialized technical knowledge and technical assistance, as appropriate; and
(e) other activities as agreed by the Parties.
6. The priorities for cooperation activities shall be decided by the Parties based on their interests and available resources.
7. The Trade and Gender Committee may refer any proposed cooperation activities related to labour or labour market development to the Council established under the Agreement on Labour Cooperation or its successor, for its consideration.
Article N bis-04: Trade and Gender Committee
1. The Parties hereby establish a Trade and Gender Committee composed of representatives from each Party’s government institutions responsible for trade and gender.
2. The Committee shall:
(a) determine, organize and facilitate the cooperation activities under Article N bis-03;
(b) report to the Commission and make recommendations to the Commission on any matter related to this Chapter;
(c) facilitate the exchange of information on each Party’s experiences with respect to the establishment and implementation of policies and programs that address gender concerns in order to achieve the greatest possible benefit under this Agreement;
(d) facilitate the exchange of information on the Parties’ experiences and lessons learned through the cooperation activities carried out under Article N bis-03;
(e) discuss joint proposals to support policies on trade and gender;
(f) invite international donor institutions, private sector entities, non-governmental organizations, or other relevant institutions, as appropriate, to assist with the development and implementation of cooperation activities;
(g) consider matters related to the implementation and operation of this Chapter;
(h) at the request of a Party, consider and discuss any matter that may arise related to the interpretation and application of this Chapter; and
(i) carry out other duties as determined by the Parties.
3. The Committee shall meet annually and as otherwise agreed by the Parties, in person or by any other technological means available, to consider any matter arising under this Chapter.
4. The Committee and Parties may exchange information and coordinate activities by email, videoconference or other means of communication.
5. In the performance of its duties, the Committee may work with other committees, working groups and subsidiary bodies established under this Agreement, the Council established under the Agreement on Labour Cooperation or, as appropriate, the Council established under the Agreement on Environmental Cooperation. In the context of this work, the Committee shall encourage efforts by these committees, working groups, subsidiary bodies, and these Councils, to integrate gender-related commitments, considerations and activities into their work.
6. The Committee may request that the Commission refer work to be conducted under this Article to any other committees, working groups and other subsidiary bodies established under this Agreement, the Agreement on Labour Cooperation or its successor, or, as appropriate, the Agreement on Environmental Cooperation or its successor.
7. The Parties may decide to invite experts or relevant organizations to Committee meetings to provide information.
8. Within two years of the first meeting of the Committee, the Committee shall review the implementation of this Chapter and shall report to the Commission.
9. Each Party shall develop mechanisms to report publically on the activities developed under this Chapter.
10. To facilitate communication between the Parties regarding the implementation of this Chapter, each Party designates the following point of contact and shall promptly notify the other Party if there is any change in the point of contact identified below:
(a) for Chile, the General Directorate of International Economic Relations (“Dirección General de Relaciones Económicas Internacionales”) or its successor; and
(b) for Canada, the Trade Agreements and NAFTA Secretariat Division of the Department of Foreign Affairs, Trade and Development, or its successor.
Article N bis-05: Consultations
The Parties shall make all possible efforts, through dialogue, consultations and cooperation, to resolve any matter that may arise in regard to the interpretation and application of this Chapter.
Article N bis-06: Non-application of Dispute Resolution
A Party shall not avail itself of the dispute resolution mechanism provided for in Chapter N (Institutional Arrangements and Dispute Settlement Procedures) with respect to any matter arising under this Chapter.
Article N bis-07: Relation to the Agreement on Labour Cooperation
In the event of any inconsistency between this Chapter and the Agreement on Labour Cooperation or its successor, the Agreement on Labour Cooperation or its successor shall prevail to the extent of the inconsistency.
Article N bis-08: Definitions
For the purposes of this Chapter:
Agreement on Labour Cooperation means the Agreement on Labour Cooperation between the Government of Canada and the Government of the Republic of Chile, done at Ottawa on February 6, 1997; and
Agreement on Environmental Cooperation means the Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile, done at Ottawa on February 6, 1997.
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