It could be in a side agreement, but I would prefer to see it in the basic agreement. If they have all these rights--for example, the right to national treatment, and if that is breached, the right to take the state to binding arbitration--they should also have obligations. So perhaps they shouldn't have that right if they have been complicit in egregious violations of human rights. Why should they get this type of protection if they are committing human rights abuses, for example?
It depends on how the side agreement is linked with the actual free trade agreement, as well. Will there be some sort of sanction that has to do with trade or investment provisions that's linked to the side agreement, or is it just totally separate, with the weak compliance mechanisms that those side agreements have had traditionally?