On November 21, the U.N. General Assembly’s Third Committee (The Committee) adopted a resolution on “The human right to safe drinking water and sanitation.” All U.N. member states agreed that the rights to water and sanitation are derived from the right to an adequate standard of living. As a result, these rights are now implicitly recognized as being part of International Covenant on Economic, Social and Cultural Rights (ICESCR), Convention on the Rights of the Child (CRC) and the Universal Declaration of Human Rights (UDHR).
This means that for the very first time, all U.N. member States affirm that the rights to water and sanitation are legally binding in international law. This is indeed a moment for all of us to celebrate.
Yet this agreement is marred by the reluctance of the United States to join all other nations in a universal agreement on the definition of these rights (as defined in a resolution of the UN Human Rights Council (UNHRC) adopted by consensus in September 2013).
Writing about this, an Amnesty International press release says: “At the time [of the unanimous adoption of the UNHRC resolution] the United States was the only country that disassociated itself from the definition of these rights and stated that it did not agree ‘with the expansive way this right has been articulated.’ However, it has not explained what aspects of this definition it does not accept.” The press release continues: “Such rights are only ‘expansive’ if one adopts a 19th century understanding of hygiene and of government duties to ensure the provision of public services.”
IATP's Shefali Sharma is reporting from the 9th WTO Ministerial in Bali, Indonesia.
2 p.m., Bali, Indonesia
It is supposed to be the final hours of the 9th WTO Ministerial here in Bali but trade negotiators are milling in the hallways, conjecturing whether the meeting will be extended until tomorrow or wrap up by 5:00 p.m., whether there will be a “take it or leave it text” or further negotiations late into the night. There have been several contentious issues, including whether to finalize yet another trade agreement on trade facilitation and a non-committal package for the Least Developed Countries (LDC). However, the issue most critical to poor countries concerns food security. The current WTO framework on agriculture is being tested on its ability to accommodate government procurement for food security programs in developing countries.
India has been in the spotlight the last three days since the meeting began because it has stood firmly against the U.S. opposition to allow such programs from violating existing WTO rules. The existing rules were unfairly crafted in the mid-80s by the U.S. and the EU, but never mind that. The U.S. is insisting that India’s Food Security Act would exceed limits set in the agriculture agreement for “trade distorting” subsidies. Never mind too that the U.S. has negotiated space at the WTO to reconfigure its own domestic agriculture and food security programs.
Update: The ministerial text was accepted on Saturday morning with minor changes to assuage Cuba's concerns. See a video report from Shefali Sharma regarding Cuba, Venezuela, Nicaragua and Bolivia's move to block consensus on the agreement on the morning of December 7.
IATP's Shefali Sharma is reporting from the 9th WTO Ministerial in Bali, Indonesia.
3:00 a.m., Bali, Indonesia
The WTO’s “Bali Package” was supposed to have been adopted this early morning of December 7 after trade diplomats rolled in for a final meeting at midnight. Earlier in the evening, at 8:00 p.m. on December 6, the WTO secretariat had shared a set of decisions proposed by the chair that comprise the Bali Package. The meeting was originally scheduled to close by 5:00 p.m.. However, at the time of this writing, Cuba, Bolivia, Venezuela and Nicaragua have said to have blocked consensus and the meeting has been adjourned. Cuba’s major issue has been language in the Trade Facilitation decision on “freedom of transit” that fails to address the problems it faces with the U.S. embargo against Cuba. The meeting has been adjourned to reconvene sometime in the next hours.
In the category of “praise more fit for a eulogy,” U.S. Trade Representative Michael Froman is reported to have said of the last minute negotiations to prepare a package for upcoming WTO Ministerial in Bali: "It's unclear whether they will succeed or not. We certainly hope they will succeed. But [the WTO] has served a very important function and will continue to serve a very important function as a dispute settlement mechanism either way." (Inside US Trade, November 15, 2013).
Froman seems to be saying it is okay if Bali is a failure—which, given the latest news from Geneva, is a good thing because the meeting has failure written all over it.
There are lots of reasons why the system is failing. The Doha Agenda, adopted in 2001 and still ostensibly the framework for negotiations, should not have been agreed in the first place. Multilateral trade rules are worth getting right, but the Uruguay Round agreements on which the rules now in place are based got far too much wrong.
The trade agenda launched in Doha in 2001 is dead but the corpse is not yet buried. Most developing countries say they want it all still—Doha resuscitated—while the majority of industrialized countries want to salvage the corpse for parts; they’ll take deeper deregulation of services, more restrictive intellectual property rights and the harmonization of regulations for transnational firms, but are happy to leave rotting their promise to finally eliminate export subsidies in agriculture, make real cuts to trade-distorting support, or support disciplines on agricultural exporters that are as stringent as the disciplines imposed on food importers.
People in the U.S. may still remember how the streets were shut down in Seattle exactly 14 years ago (1999) as trade diplomats from all around the world gathered for the World Trade Organization’s (WTO) 3rd Ministerial meeting. Back then, there were protests on the streets by citizens who asserted that trade policy could not be made without public debate and behind closed doors because of its implications for everyday concerns such as food, environment, health and other issues that shape our lives. At that meeting, there was a revolt by developing countries as well, who felt that a backroom deal was being made by a few powerful countries that would then be imposed on them as an international agreement. Though the U.S. and other rich countries failed to launch a new trade round in Seattle, they succeeded two years later, in Doha, in the wake of September 11.
Fast forward 12 years and we have a WTO stalemate once more in time for the 9th WTO Ministerial in Bali next week. The conflict proves yet again that trade policy cannot be made in a vacuum, particularly when it comes to critical human concerns such as governments’ obligation to protect their citizens’ right to food.
The controversy pits the government of India against the United States, but in reality, the controversial G-33 proposal (named after the group of developing countries who have tabled it) is about allowing all developing countries the policy space to spend public resources on food stocks to ensure price stability and food security. U.S. opposition to that proposal has focused in part on the argument that this would limit export opportunities for companies wanting to sell in the Indian market. U.S. agribusinesses and commodity groups also complained in an October letter to the US. Trade Representative (USTR) that the proposed creation of food reserves would unfairly advantage producers in those countries.
Eric Holt-Giménez, director of the amazing food policy think tank FoodFirst, recently wrote in the Huffington Post that if healthy, organic food is unaffordable, this is a problem of wages and rights, not inherently a problem with healthy, organic foods. Meanwhile, Doug Rauch, the former president of the grocery chain Trader Joe’s is set to open a market “to repurpose the perfectly edible produce slightly past its sell-by date that ends up in the trash . . . [the market] will prepare and repackage the food at deeply discounted prices.” One could take Rauch’s apparently noble kludge to reinforce the old saw that people only care about price when it comes to food.
This, of course, is nonsense.
A Spanish version of this commentary originally appeared in La Jornada.
One of the clearest stories from the NAFTA experience has been the devastation wreaked on the Mexican countryside by dramatic increases in imports of cheap U.S. corn. But while Mexican farmers, especially small-scale farmers, undoubtedly lost from the deal, that doesn’t mean that U.S. farmers have won. Prices for agricultural goods have been on a roller coaster of extreme price volatility caused by unfair agriculture policies, recklessly unregulated speculation on commodity markets, and increasing droughts and other climate chaos. Each time prices took their terrifying ride back down, more small- and medium-scale farmers were forced into bankruptcy while concentration of land ownership, and agricultural production, grew.
It’s hard to separate the impacts of NAFTA from another big change in U.S. farm policy: the 1996 Farm Bill, which set in place a shift from supply management and regulated markets to an accelerated policy of “get big or get out.” Farmers were encouraged to increase production with the promise of expanded export markets—including to Mexico. But almost immediately, the failure of this policy was evident as commodity prices dropped like a stone, and Congress turned to “emergency” payments, later codified as direct payment farm subsidies, to clean up the mess and keep rural economies afloat.
Then, as new demand for biofuels increased the demand for corn, and investors turned from failing mortgage markets to speculate on grains, energy and other commodities, prices soared. It wasn’t only the prices of farm goods that rose, however, but also prices of land, fuel, fertilizers and other petrochemical based agrochemicals. Net farm incomes were much more erratic.
IATP is a member of the Transatlantic Consumer Dialogue (TACD), a U.S.-European network of about 80 nongovernmental organizations, founded in 1999 on the premise that public policy will be improved by a frank discussion of policy documents disclosed to NGOs, just as they are to corporate lobbyists. TACD meets with U.S. and European Union officials yearly, alternating between Washington, D.C. and Brussels, Belgium, to discuss TACD resolutions. This year’s annual meeting focused on regulatory issues in the Transatlantic Trade and Investment Partnership (TTIP) negotiations between the U.S. and the European Union, formally launched in June.
U.S. and EU TTIP negotiators were to have met last week in Brussels, but the meeting was postponed due to Edward Snowden’s revelations of U.S. electronic surveillance of European officials, including European Heads of State. The U.S. government usually sends just a couple of officials to TACD meetings in Brussels, but this year, faced with the possible derailment of TTIP negotiations due to U.S. spying, they sent a full contingent to repair the public image damage, though not to apologize. TACD was an indirect beneficiary of Snowden’s act of transparency, i.e., making the secret public.
These are the remarks of M. Jahi Chappell, Ph.D., IATP's director of agroecology and agriculture policy to the World Food Prize on October 18, 2013. Videos of Dr. Chappell’s speech can be found at the IATP YouTube channel, in both English and Portuguese.
There has been, with this World Food Prize, a celebration of science. In the lead up to the Prize; in the ceremony last night; and more broadly within the career of the late Norman Borlaug, science is rightly praised as a powerful and important set of tools.
Unfortunately, the power of these tools has been blunted. It has been blunted because science—which at its most basic is the careful and systematic study of the world around us, and the consistent testing of our ideas against reality—this wonderful and powerful process has been narrowed too often in discussions of food to mean technology. Technology is but one way to use science; it is only the tip of one particular tool that can be found in the powerful toolbox that is science.
After being delayed by the U.S. government shutdown, talks for a Transatlantic Trade and Investment Partnership (TTIP) are quietly gearing up again. Tariff barriers between the U.S. and EU are already low, so these negotiations are focused squarely on achieving “regulatory coherence.” In other words, industry lobby groups and their political allies on both sides of the Atlantic see the trade deal as an opportunity to get rid of rules and regulations that limit their ability to buy and sell goods and services. The outcome of TTIP has implications for the rest of the world. Leaders from both regions have made clear, the terms of this trade agreement will set the standard for future free trade agreements.
TTIP could affect a broad range of issues, from energy to the environment, and intellectual property rights to labor rights. It could also have a significant impact on the evolution of agricultural markets and food systems in the U.S. and EU, as well as solidify the ability of corporations and investors to challenge new regulations that could affect expected profits through international tribunals. Unfortunately, little concrete information is known about the content of the TTIP proposals, since the governments involved have refused to publish draft text.
In both the U.S. and EU, the time to influence the substance of the agreement is before it is completed. That’s a tricky task, since the negotiations are happening behind closed doors, but it means that civil society groups and legislators need to pay close attention to what is on the agenda, even without complete information.