Posted June 8, 2015 by Karen Hansen-Kuhn
The congressional vote on Fast Track Trade Promotion Authority (TPA) has entered into a period of what appear to be rather convoluted twists and turns. Whether that path eventually leads to its approval—giving the President authority to negotiate trade deals in secret and then bring them to Congress for a yes or no vote, no amendments allowed—or to its defeat is simply impossible to predict at this point. The way this debate is playing out highlights several basic concerns, starting with transparency but extending to the content of the trade deals as well.
Fast Track is an extraordinary surrender of congressional authority to the President. It was first created during the Nixon administration, and has been granted for a total of only five years in the last two decades. It last expired in 2007. If approved, the current bill would cover the Transatlantic Trade and Investment Partnership (TTIP), Trans Pacific Partnership (TPP) and any other trade deal that could emerge in the next six years. Much of the focus in the media has been on TPP, since that agreement is closer to completion, but the proposed TPA is much broader than that, and extends into the completely unknown terrain of the next presidential administration.
A big part of the debate—and it really has come down to a very public argument between President Obama and key progressive leaders such as Senator Elizabeth Warren, Representative Sander Levin and Representative Rosa DeLauro—has been over the lack of transparency in the trade negotiations. Members of Congress can see only hard copies of negotiating texts, and only in a special reading room; they are not allowed to take notes or to discuss their findings publicly. In an article in Politico, Rep. DeLauro complains that, “You can’t have a staff person [there while viewing the text] unless that staff person has a clearance, even when the document is classified as confidential…Now you can ask questions, but ask anyone if they’ve gotten answers back to any of the questions and the answer is no. Nothing gets changed.” The U.S. is far behind the EU when it comes to transparency in the trade talks and has so far refused to publish any of its negotiating proposals. Though European civil society finds the European Commission’s level of transparency in trade talks highly deficient, the U.S. has set a much lower bar when it comes to openness.
The level of public debate on Fast Track among civil society groups is unprecedented. Last year, when the first Fast Track bill was introduced, more than 600 organizations wrote to Congress outlining the reasons for their rejection of Fast Track and their proposals for a different process that would give Congress a greater role in setting negotiating objectives and ensuring that they are being met before the negotiations are completed. When the current version of Fast Track was introduced with the same problems as the earlier failed bill, that number swelled to more than 2,000 organizations. Unions have made opposition to Fast Track a defining issue, announcing that they would suspend political contributions until it is resolved and strongly implying that they would make this a key issue in their support moving forward.
While transparency in the negotiating process has claimed center stage for the moment, the content of the proposed trade deals is central to the controversy. This is especially true in the ongoing debate over Investor-State Dispute Settlement (ISDS) between Senator Warren and the White House. ISDS gives corporations the right to sue governments over measures that affect their expected profits. But it is also about the history of NAFTA, CAFTA and other free trade agreements and the clear understanding that free-trade agreements have contributed to job losses and income inequality.
The latest twist in the Fast Track saga is its connection to Trade Adjustment Assistance (TAA), which provides some funding for workers displaced by free trade. After several prominent Democrats indicated that they would not support Fast Track without it, a new TAA bill was introduced that excludes public sector workers from coverage and pays for the new TAA funding by making cuts in Medicare, the program that provides health care assistance to senior citizens. This outrageous proposal puts supporters of TAA in a tight spot.
Early White House press releases on Fast Track boasted about a new negotiating objective on human rights. None of the negotiating objectives in Fast Track is enforceable, but this one is especially vague, asserting that improvements in the rule of law should lead to progress on human rights. Senator Robert Menendez took this argument a step further, introducing an amendment that would ban the U.S. from entering into trade negotiations with governments that fail to take effective action against human trafficking. Apart from the very dubious link between US foreign policy and human rights, in practical terms this would effectively exclude Malaysia from the Trans Pacific Partnership.
The Senate passed its version of Fast Track on May 22. This was unsurprising since the Senate has historically supported free trade. In fact, it was introduced first in the Senate on the assumption that it would sail through and create political momentum for passage in the House of Representatives. So the fact that it passed only after considerable opposition and the introduction of nearly 100 amendments means that the strategy of paving the way for the House vote failed. When and if the House of Representatives votes on Fast Track, it will consider its own version, with any differences eventually ironed out in a conference committee between the two bodies. But that is a big if. In the meantime, civil society platforms such as the Citizens Trade Campaign continue to mobilize U.S. citizens to pressure their representatives to block Fast Track. As of this writing, it is not at all certain whether Fast Track will come to a vote next week, next month, or perhaps just fade away until a better alternative emerges, one that starts with transparency, values sovereignty over corporate profits and contributes to fair and sustainable trade.
This article was originally written for Heinrich Boell Germany.
Posted June 5, 2015 by Patrick Tsai
Tomorrow, June 6, thousands of people from across the Great Lakes region will come together for the Tar Sands Resistance March in St. Paul, MN. This will be the largest action against tar sands to date in the region; speakers include Bill McKibben, Winona LaDuke, and Keith Ellison among others. Tar sand extraction and distribution is driven largely by trade policy set out in NAFTA. Former Canadian Prime Minister Brian Mulroney has been quoted as saying, “… a major tenet of NAFTA … the U.S. was guaranteed unfettered supply in exchange for unfettered access by Canadian exporters to its market.” The articles pertaining to energy and corporate rights found within NAFTA highlight the shortcomings of our current trade system. You don’t have to be an environmentalist to march against the tar sands. If you believe in fair trade, national sovereignty and human rights, you should attend this rally.
By Congressional Research Service estimates, the tar sands contribute 14% more greenhouse gas (GHG) emissions than conventional oil.1 The European Union places increased emissions from tar sands at 22% higher than conventional oil.2 Increased emissions are attributed to the extensive processing needed to convert the tar-like bitumen to oil.3 Mining of the tar sands has also lead to massive deforestation in the Alberta province. In terms of climate change and the environment, the tar sands represent a global catastrophe.
Energy independence4 and increasing global exports are among the justifications given for mining the tar sands. While that reasoning may seem laudable to some, it comes at the expense of national sovereignty and the environment. The profitability of tar sands mining and processing is driven and underwritten by questionable policy. Both domestic (Generic Oilsands Royalty)5 and international trade policy (NAFTA article 605 and 1110)6,7 have helped establish markets for this environmentally damaging form of costly unconventional energy.
There are three concepts at the center of the trade debate on tar sands:
NAFTA article 605 or “Proportionality”
The proportionality clause – guaranteeing the U.S. the previous 36 month average of energy exports from Canada - is unique in that there is no similar clause in any other trade agreement, nor did NAFTA’s other trading partner (Mexico) sign on to it.8 Projections by the Parkland Institute show that even a 10-percent decrease in production would cause a domestic shortfall due to trade obligations, leaving Canadians the options of either importing oil from other oil exporters or importing their own oil back from the U.S. Under the proportionality clause, reductions in production from resource management policy,9 climate change mitigation policy or even reductions caused by natural disaster do not release Canada from these trade obligations.
NAFTA article 1110 on expropriation
Article 1110 concerns expropriation, a Canadian term comparable to eminent domain or seizure of property in the United States. Interpretation of article 1110 forms the basis of many Chapter XI environmental regulation disputes. Affected parties have construed expropriation as a perceived loss of profit due to government regulation, which they argue constitutes an indirect expropriation and therefore a government seizure. This “expropriation” of projected profit entitles corporations to sue governments over the regulations they feel are restrictive. In the past this clause has been used to undermine environmental rules. (i.e. Ethyl Corporation v. Canada, Metaclad v. United Mexican States, S.D. Myers v. Government of Canada, Sun Belt Water Inc. v. Government of Canada, Waste Management, Inc. v. United Mexican States)
Canada and U.S. pressure to water down EU emission standards, due to the potential transatlantic energy trade partnerships created through the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA)
Günther Oettinger, EU energy commissioner, stated in a speech at the Center for Strategic and International Studies. Washington D.C., “Ensuring a reliable and steady flow of energy is a fundamental requirement for our modern economies and the high quality of life that we have achieved today… And with the growing energy potential of the North American continent, there is the real possibility of a renewed trans-Atlantic energy trade.”
Standing in the way of a tar sands trans-Atlantic energy trade is EU climate policy aimed at lowering transportation fuel emissions. This has been recognized by North American governments and oil companies alike and has been the focus of lobbying campaigns meant to weaken emission standards and eliminate the ability of governments to promote fuels that emit fewer GHGs. The EU committed to reducing GHG emissions by 20 percent of 1990 levels by 2020 at the 2009 Copenhagen climate conference (COP 15). In line with their Copenhagen Accord commitments the EU would like to reduce overall life cycle GHG emissions for transportation fuels by six percent. The 2009 Fuel Quality Directive (FQD) was intended to give fuel suppliers a methodology for calculating current GHG fuel emissions and a system of fuel categorization that aids in meeting GHG reduction targets. However, increased lobbying by Canada and the U.S. has effectively stalled the implementation of FQD categorization of fuels.
Join us tomorrow in St. Paul as IATP will be marching against tar sands and free trade’s dysfunction embodied in these three concepts:
1. Undermining national sovereignty of natural resource management
2. Extending corporation’s rights to sue governments
3. Influencing foreign governments to reduce carbon emission standards
1. Richard K. Lattanzio, Canadian Oil Sands: Life-Cycle Assessments of Greenhouse Gas Emissions (Congressional Research Service, March 15, 2013) 9
2. Pembina Institute, Reducing greenhouse gas emissions through transportation fuel policy The European Union’s proposed fuel-quality directive and implications for Canadian oilsands producers (The Pembina Institute, 2012) 4
3. Pembina Institute, Oilsands, heavy crudes, and the EU fuel-quality directive (The Pembina Institute, March 2012) 4.
4. Marc Humphries, North American Oil Sands: History of Development, Prospects for the Future (Congressional Research Service, Updated January 17, 2008) 1,2.
5. Alberta Royalty Review, Our Fair Share (Canada, September 18, 2007) 7
6. Gordon Laxer and John Dillon, Over a Barrel: Exiting from NAFTA’s Proportionality Clause (Parkland Institute and the Canadian Centre for Policy Alternatives, May 2008) 25
7. Joseph Cumming, “NAFTA Chapter XI and Canada’s Environmental Sovereignty: Investment Flows, Article 1110 and Alberta’s Water Act,” University of Toronto Faculty Law Review 65 107 (2007)
8. Gordon Laxer and John Dillon, Over a Barrel: Exiting from NAFTA’s Proportionality Clause (Parkland Institute and the Canadian Centre for Policy Alternatives, May 2008) 26
9. Gordon Laxer and John Dillon, Over a Barrel: Exiting from NAFTA’s Proportionality Clause (Parkland Institute and the Canadian Centre for Policy Alternatives, May 2008) 28-30<
Posted May 28, 2015 by Tara Ritter
Rural communities are already being affected by a changing climate, and each community’s experiences and responses are unique. Because of the politically-charged nature of the term “climate change” it can be a difficult topic to discuss in rural communities, but addressing the impacts of extreme weather and a changing climate is necessary for community resilience. Last week, 18 residents of Itasca County, MN met for the second of three Rural Climate Dialogues across Minnesota. Few of the people in the room had met each other, but following brief introductions it was clear that they all shared a local sense of pride for the natural beauty of the northwoods and lakes – and concern for its future.
The Rural Climate Dialogues are a joint effort between the Institute for Agriculture and Trade Policy and the Jefferson Center to engage rural communities in creating bottom-up solutions to climate change. The 3-day process, based on the Citizens Jury model, moves quickly in introducing participants to each other and establishing discussion ground rules to encourage open and productive conversations about controversial subjects. The goal of this gathering was for participants to better understand climate change impacts on Itasca County and create a set of recommendations for how the community can respond.
Over the first two days, participants heard from a wide range of speakers and local experts. First, Mark Seeley, University of Minnesota climatologist, provided a weather history specifically tailored to north central Minnesota. The power of this presentation came from the localized data, which demonstrated that climate change, which is often viewed as a global and distant problem, is already showing up in northern Minnesota.
Building on Seeley’s presentation of climate data, participants heard presentations from Brian Palik, a USDA Forest Service employee; John Latimer, a local phenologist; Tim Goeman, a DNR fisheries expert; Megan Christianson, Executive Director of Visit Grand Rapids; Julie Kennedy, the City Engineer; and Michael Duval, a DNR water expert. These presenters were chosen on the basis of community feedback over six months of lead-up work, which revealed that the most important assets to the residents of Itasca County are the woods, the water, and the workforce. The presentations focused on how climate change would impact (or is already impacting) those community assets. Each presenter also provided a suite of opportunities to respond to climate challenges.
On the final day of the Dialogue, participants streamlined the information from the first two days into a digestible report to share with the rest of the community. This report included the top challenges, opportunities, and actions for Itasca County to address climate impacts, as identified by the participants.
Top climate-related challenges identified for Itasca County included extreme temperature and precipitation reducing the life of capital assets and public infrastructure, emphasizing the need for a long-term perspective in natural resources management, and the need to deal with increased sediment and phosphorus in waterways from storm water runoff. Top opportunities included improving forest management so that forests are more adaptable to changing conditions, ensuring accessible climate information for decision makers at all levels, and changing management of natural systems to reflect a long-term (50+ years) perspective. To respond to the outlined challenges and opportunities, participants emphasized increasing energy efficiency in homes and businesses, planting native grasses and eliminating pesticide use on lawns to create habitat for birds and pollinators, addressing noncompliant septic systems, and increasing participation in public decision making meetings related to public infrastructure systems.
At one point during the Dialogue, two ninth grade students joined the conversation to discuss what they’ve learned about climate change at school. They shared the local climate impacts they found particularly striking, which included how fish populations are shifting and how the local forests would be impacted by the Emerald Ash Borer. After their presentation, one Dialogue participant said, “Global warming is coming, and if you young people get educated, our future looks a whole lot better.” This sentiment was wholeheartedly echoed by the group, who agreed that hearing from the high schoolers – the next generation – was one of the most powerful parts of the Dialogue.
By the end of the three-day process, participants voiced a sense of accomplishment about having come together with their neighbors to create actionable steps to empower their community to act on climate change. However, the goal of the Rural Climate Dialogues is not just to create a report, it’s to serve as a springboard for future action. Following the Dialogue, IATP and the Jefferson Center will remain involved with community members, helping to connect the community to resources and support than can help implement their action items. Since the first Rural Climate Dialogue in Morris, MN, the community applied for and received an Environmental Assistance Program grant from the Minnesota Pollution Control Agency to begin implementing some of their recommendations around climate adaptation and resilience. And most recently, the efforts in Morris won a 2015 Environmental Initiative Award.
At the end of the Itasca County Dialogue, one participant said, “I look at the last three days as hopefully a new beginning for this information to get out there for the general public. We have a lot of education that needs to be done in the community and surrounding areas. I’m glad I got to be a part of this.”
Posted May 27, 2015 by Ben Lilliston
The Obama Administration claims that the new round of secret trade deals will be the greenest ever. Its latest attempt to sell that story was released earlier this week in a slick new report titled “Standing Up For The Environment: Trade For A Greener World.” As with most of the spin coming from the U.S. Trade Representative these days – there’s a lot of “trust us” bluster in the report, marketed with unattributed numbers and fancy graphics. But, perhaps most notably, it ignores the largest environmental issue of our times – climate change – and the numerous concerns raised by environmental groups about how these trade deals will damage the climate, not protect it.
While the report touts new provisions on wildlife protection, animal trafficking and illegal logging, we’ll have to take the Administration’s word for it. The environmental chapters for the Trans Pacific Partnership (with 11 Pacific Rim countries) and the Trans Atlantic Trade and Investment Partnership (with Europe) are still secret documents. But there are good reasons for concern. A leaked version of the TPP environmental chapter posted on WikiLeaks last year was ripped open by U.S. green groups for not being “fully enforceable.”
The issue of “enforceability” is critical as past trade agreements have routinely failed to effectively enforce environmental and labor-related chapters. The Sierra Club recently pointed out how environmental provisions in the US-Peru trade deal have failed to stop illegal logging. And earlier this week, Senator Elizabeth Warren (D-MA) issued a blistering report documenting how past Presidents have repeatedly made false promises about how trade agreements will protect labor standards.
Missing from the USTR environmental report was how special corporate rights provisions in past trade deals have been used to challenge environmental protections. Two recent anti-environment NAFTA rulings show how these corporate rights cases work in practice. In one case, a provincial decision to block a basalt quarry expansion in an important whale-watching area was overturned by a trade tribunal that sided with the U.S. corporation Bilcon. Another NAFTA case awarded $17.3 million in damages to Exxon Mobil Corp and Murphy Oil Corp. because a Newfoundland law required the companies to spend a percentage of their offshore revenues on local research projects.
Also missing from the USTR report is how both TPP and TTIP continue an extractive model of trade that has not only negatively impacted jobs and equality, but has also been devastating for the climate. Earlier this year, some 40 organizations focusing on rural and community-based responses to climate change wrote Congress calling for a full assessment of the climate impacts of these proposed trade deals. The groups wrote, “There is little question that the economic globalization largely driven by trade deals over the last several decades has contributed to the expansion of fossil fuel and other dirty energy production that cause climate change, expanded deforestation and other methods of natural resource extraction, while undermining local and community-level responses to climate change.”
The groups pointed out that past trade deals, also sold as “green,” are hindering community responses to climate change: rules under NAFTA actually require Canada to export an ever-increasing amount of oil to the U.S., driving further production of dirty tar sand oil; a trade tribunal at the World Trade Organization ruled against an Ontario policy designed to support the creation of green jobs to produce locally-sourced renewable energy; trade rules allowed Swedish energy companies to challenge a German ban on nuclear energy production, undermining the country’s ability to set energy policy; and rules under NAFTA were used by a U.S. energy company to challenge a Quebec ban on fracking designed to protect the St. Lawrence River.
Specific climate concerns about TPP and TTIP include a draft requirement to automatically approve all exports of natural gas to countries included in the agreements. Such a requirement would greatly expand fracking in rural communities around the country. Hydraulic fracturing contaminates water and releases methane, a potent greenhouse gas. Both TTIP and TPP grant multinational corporations additional legal rights to sue governments to overturn local regulations against fracking and the mining of sand for use in fracking.
The new USTR report is the latest contradictory signal from the Obama administration on its commitment to address climate change. This week, Obama addressed the Coast Guard Academy to declare that climate change is “an urgent and growing threat to our national security.” But earlier this month, he opened up the Arctic Ocean to further oil drilling by Royal Dutch Shell Oil. Later this summer, the administration will unveil its Clean Power Plant rule designed to place real limits on greenhouse gas pollution, over the objections of the Republican-led Congress.
Conflicting and confused agendas – masked by corporate style greenwashing – characterize the new USTR report. The Obama administration’s all-out effort to pass fast track, TPP and TTIP threaten to undermine its efforts to address climate change. The environment, and the people living in it, deserve better.
Posted May 24, 2015 by Shefali Sharma
On May 8th, President Obama told a crowd in Oregon: No trade agreement is going to force us to change our laws. Twelve days later, the House Agriculture Committee voted 38-6 to repeal in its entirety country-of-origin-labeling (COOL) for beef, pork and poultry. The House vote came in response to a May 18 ruling by the World Trade Organization (WTO) that the U.S. had violated global trade rules by requiring supermarket labels on beef and pork to indicate where livestock was born, raised and slaughtered. The meat industry is elated.
In 2008, Canada and Mexico challenged the U.S. on COOL at the WTO, asserting that it unfairly discriminated against Canadian and Mexican meat. In reality, it was the global meat industry threatened by the idea that if consumers knew how often animals are transported across national borders as they are mass produced, fattened in feedlots and slaughtered, consumers might choose “born, raised and slaughtered in the U.S.A." In 2008 alone, the U.S. meat industry spent over $6 million in political lobbying. It spent over $5 million per year from 2009-2012, the period in which the U.S. was revising COOL to make it compliant to the WTO since the U.S. had lost its first appeal at the WTO. In fact, the meat industry has been fighting hard against COOL for more than a decade since it was first passed in the 2002 Farm Bill. In spite of the big bucks spent by Big Meat, Congress has not repealed it because of overwhelming public support for COOL—90% of Americans support such a measure, according to Consumer Reports. Needless to say, civil society including farm, ranch, consumer, labor and other groups, won’t sit quietly. But the fact is that the U.S. has to change COOL or face trade sanctions (though how significant is unclear). The USTR has already indicated it will encourage Congress to revise COOL.
The COOL ruling signifies a much more serious attack on the future of our food system. In the last two years, 70 bills have been introduced across thirty U.S. states to enact mandatory labeling of genetically engineered (GE) food . Americans also overwhelmingly support GE labeling. Not surprisingly, agribusiness has also ramped up spending on lobbying on this issue. And as with COOL, when companies know that domestic lobbying won’t be enough—they use binding international trade rules such as those being negotiated in the Transpacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (between the US and the EU) to shape food safety and environmental regulations.
The TPP and TTIP are a new breed of trade treaties that specifically seek to harmonize domestic laws and regulations to enable greater corporate profit. So, the WTO ruling has implications for TTIP as well. The European Union also has COOL. In fact, since 2002, the EU’s labeling scheme for beef requires “precise information about where the animal was born and reared as well as the place of fattening, slaughtering and cutting.” Moreover, the EU has expanded COOL. Since April 2015, EU requires origin labeling of fresh, chilled and frozen pork, sheep, goat and poultry meat. In addition, the European Parliament also mandated the European Commission to examine the possibility of extending mandatory labeling for meat used as an ingredient in processed food. So far, the EU’s labeling regime has remained unchallenged at the WTO. But now that the U.S. has seen its COOL struck down, it’s hard to see why it would accept COOL in other WTO member countries without a trade challenge. Moreover, given that agribusiness on both sides of the Atlantic are on the offense to weaken food safety rules in TTIP, COOL could also become a key issue for “regulatory harmonization” in that trade deal, signifying a possible end to the EU’s COOL regime as well.
In the U.S., food and farm groups are becoming vocal about trade policy undermining food policy through the fight on Fast Track to decide whether Congress gets to intervene in trade negotiations and influence them or simply vote yes or no after they have been completed. COOL is a clear reminder, that in fact, Mr. President, trade treaties can and do force us to change our laws. That is why stopping Fast Track in the coming months is also a win for democratizing food policy.
Posted May 21, 2015 by Ben Lilliston Gary Ruskin, U.S. Right to Know
The longstanding principal goal of U.S. trade policy is to advance U.S. economic interests.
So, why is the Obama administration fighting so hard to help Monsanto -- a company that is openly trying to slash its taxes by moving its headquarters from St. Louis to Switzerland?
Earlier this month, Monsanto made an initial offer to purchase the Swiss-based Syngenta. The deal, if completed, would allow Monsanto to move its headquarters from outside St. Louis to Switzerland, thereby reducing U.S. corporate tax payments. According to financial analysts at Piper Jaffray, Monsanto would gain – and U.S. taxpayers would lose – about $500 million per year in tax revenues.
It would also create the largest seed and crop chemical company in the world.
At this moment, the Obama administration is undertaking a high profile effort to knock down global resistance to genetically engineered food and crops. It is advancing trade treaties both for Europe (Transatlantic Trade and Investment Partnership, TTIP) and Asia (Trans Pacific Partnership, TPP) to accomplish this goal.
Monsanto is the world’s largest producer of seeds, many of which are genetically engineered. It would be a major beneficiary of these treaties.
Monsanto, in fact, can attribute much of its growth over the last decade to past trade deals. Most other countries around the world, including key markets in the European Union, have taken a more precautionary approach to genetically engineered crops than in the U.S. – both in approvals for agricultural production, and in requiring clear labeling for consumers. In collaboration with the U.S. Trade Representative, Monsanto and the agrichemical industry have aggressively used trade rules in bilateral agreements as well as at the World Trade Organization (successfully challenging Europe’s biotech regulatory regime) to try to strike down higher-standard public health and environmental requirements for GE foods in other countries.
U.S. Senator Richard Durbin (D-IL), in a letter this month to Monsanto urging the company to stay in the U.S., pointed out that the company’s growth is “in large part due to U.S. taxpayer-funded programs and services.” Durbin explained how the company has benefited from government research, the U.S. patent and regulatory system. In its peculiar way of saying thanks, Monsanto wants to take the money and run.
There seems to be no limit to the lengths to which the Obama administration will go to support Monsanto and the biotech industry. Earlier this month, USDA Secretary Tom Vilsack accused the European Union of undermining efforts to address global hunger, because of a new EU proposal to allow its member countries greater power in regulating GE crops. Vilsack threatened that the EU’s decision raises “serious issues” about the future of TTIP, and officials in Washington have threatened another WTO challenge. The EU’s regulatory approach is troubling to Vilsack and Monsanto because their collective goal is to eliminate what they call sub-federal regulations. In the case of Europe, it is country-level regulations. In the U.S., it is state-level mandatory GMO labeling laws.
Both TPP and TTIP include intellectual property rules that protect Monsanto’s patented GE crops. They also include special corporate rights provisions, known as investor-state rules. These provisions would grant corporations legal rights to potentially challenge new laws, like state-level labeling of genetically engineered foods, that inhibit investors’ expectations.
Why is the Obama administration doing such huge favors on trade for a company that is trying to cheat U.S. taxpayers by moving its tax headquarters to Switzerland?
Monsanto, in seeking a tax inversion, shows that it has no loyalty to the United States. So, why is the U.S. government showing so much loyalty to it?
Why are we going to the mat for Monsanto when it is trying to move to Switzerland?
It’s time for the Obama administration to re-think its efforts on behalf of Monsanto.
Posted May 15, 2015 by Karen Hansen-Kuhn
There were some decidedly Kafkaesque aspects of the Congressional debate this week on Fast Track legislation, designed to speed through the passage of secret trade deals that could have a serious impact on our food system. At first, the Senate refused to approve a bill to limit debate on Fast Track. Then, when the Senate did approve that bill, it turned out the real debate over Fast Track wouldn’t be happening in the Senate at all, but rather in the House (but not yet).
What?? Essentially, the Senate votes this week were over a procedural mechanism (cloture) to bring Fast Track to a vote (but not yet over Fast Track itself). The actual Fast Track vote will likely come in the Senate in the next few weeks. As we’ve discussed before, Fast Track would limit Congressional debate on trade agreements to an up or down vote, no amendments allowed. It would include the Trans Pacific Partnership (TPP, with 11 other Pacific Rim countries) and the Transatlantic Trade and Investment Partnership (TTIP, with Europe) and any other trade agreements negotiated over the next six years, including those completed by the next President. The votes this week were notable mainly because the Senate action had been expected to pave the way for a much more contentious vote in the House of Representatives. And it didn’t work out that way at all.
So much of the debate on free trade agreements is about unmasking the corporate agenda in what appear to be obscure legal texts. “Free trade” agreements are for the most part not about trade at all. Writing about Investor-State Dispute Settlement (included in both TPP and TTIP) in The Guardian this week, Nobel Laureate Joseph Stiglitz commented, “Rules and regulations determine the kind of economy and society in which people live. They affect relative bargaining power, with important implications for inequality, a growing problem around the world. The question is whether we should allow rich corporations to use provisions hidden in so-called trade agreements to dictate how we will live in the 21st century.”
These rules matter for our food system as well. Whether it’s the GMO labeling law in Vermont, limits on eggs produced in battery cages in California, or ambitious efforts to connect farmers, eaters and decision-makers in food policy councils across the country, people are taking action to create new rules to rebuild our broken food system. On those issues, the bottom line is that trade deals create new obstacles to change.
While the lack of transparency makes it difficult to know the details, free trade agreements are not designed to make our food system safer. They are designed to increase trade by multinational corporations. And, by design, they create an obstacle course for new rules on food safety.
First, we have rules on Sanitary and Phytosanitary Standards that require that any food safety rules be based on sound science and be the least trade restrictive possible. In practice, these requirements mean that rather than proving that food additives or pesticides are safe before they enter our food system, they have to be proven unsafe before they’re taken out. And regulators are forced to look at what’s most trade-friendly rather than what’s best for public health.
Second, there are rules on Regulatory Coherence. We know more about what’s in TTIP, but even leaked TPP text from a few years ago shows that each country would set in place a process to vet new regulations and conduct cost-benefit analyses that won’t account for the true benefits for public health and environmental protection.
Third, there is Investor-State Dispute Settlement, which gives foreign companies the right to sue governments over laws that affect their expected profits. Even if a new rule makes it through those first two obstacles, it could run squarely into a lawsuit from investors. This could be used to challenge any laws, state or federal.
How would this play out? Say we have a new rule on food safety or an emerging technology like nanotechnology in food. First, regulators would have to prove that the science is definitive, and the least trade restrictive possible. Then they have to pass through the hurdles of Regulatory Coherence, collect comments and prove it’s the most cost-effective option. Then, if it does pass, any company alleging damages could use the data on costs gathered in the impact assessment as evidence for an investor-state lawsuit. It will become harder and harder to make any new rules that protect public health and the environment.
These rules matter. We also need to know more about what’s in our food, both in terms of its nutritional value and how it is produced. In its 2015 report on trade barriers, USTR lists new food labeling laws in Mexico, Chile, Peru and Japan as unfair barriers to trade. And the negotiating objectives in Fast Track specifically call for action against “unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology,” something Rep. Peter DeFazio condemned as the “Monsanto Provision,” since it could be used to knock down GMO labeling in this country and abroad.
We need to rebuild our broken food system. We need new laws to regulate harmful pesticides and food additives. We need better food labels. We need new programs to produce healthier foods at prices that are fair to consumers and farmers. A lot of this is starting to happen at the local level all across the country. We must protect these fragile gains, and find ways for them to flourish, not create new obstacles to change. These trade deals are another way to place our nation’s food safety in the hands of a few food corporations, to diminish the public’s role in ensuring safe food and to weaken the rights of consumers to know what’s in their food.
Members of Congress will continue to be under enormous pressure to approve fast track over the next few weeks. It’s important to reach out directly to your Representatives and Senators, even if you have done so before, to urge them to reject Fast Track. These decisions matter.
Posted May 14, 2015 by Shiney Varghese
While it might seem obvious that the rights to water and food are inextricably linked, all too often policies around their use and governance are developed for one without regard to the other. To address this problem, the UN Committee on World Food Security formed a High Level Panel of Experts and charged it with weaving these two policy strands together. The resulting report provides a list of recommendations on the critical issue of Water for Food Security and Nutrition.
Committee on World Food Security (CFS) is the foremost international and intergovernmental platform trying to address global food security and nutrition challenges. Following the food crises of 2008, it initiated a reform process, increasing stakeholder participation, especially participation by those engaged in small scale food production systems. It also created a High-Level Panel of Experts (HLPE) mechanism to gain deeper understanding and ‘independent scientific knowledge based analysis and advice on issues related to food security and nutrition. Since its establishment HLPE has brought out nine reports. I was fortunate to serve on the most recent project team, which just completed its report on Water for Food Security and Nutrition (FSN). The launch of the report is this week.
The CFS mandated the HLPE to prepare the report in October 2013. In addition to myself, the project team included Oscar Cordeiro-Netto (University of Brasilia, Brazil), Claudia Ringler with the International Food Policy Research Institute (IFPRI), Theib Oweis International Center for Agricultural Research in the Dry Areas and the team leader Lyla Mehta, of Institute of Development Studies in the United Kingdom.
This is a landmark report in many ways. To begin with, it is the first comprehensive effort to bring water, food and nutrition security issues together. Many analyses conflate food security with agricultural production, and deal primarily with agricultural water use concerns, and more specifically with water withdrawals. Often they even forget the important role that domestic water uses and drinking water and sanitation have for food security and nutrition, as well as their various interlinkages and interdependencies, let alone water and food governance-related concerns. While smallholder farmers or even consumers seldom distinguish between consumption and production uses, the two uses are clearly considered separately when it comes to policy formulation. To trace out these interdependencies, the report looks at four dimensions of water (availability, quality, stability of water resources, and access to water), as each of them relates to food security and nutrition.
Thus, one of our first tasks was to identify the multiple linkages between water and FSN, in both policy and practice. In doing this we also considered aspects such as water and sanitation for human survival and well-being, and water for maintaining various ecosystem functions. The report is comprehensive also in terms of addressing a range of technical, institutional, socio-economic, cultural and political aspects. Finally, with an explicit focus on vulnerable communities, this report is distinctly different from earlier reports on the issue.
Second, the report looks not only at existing water challenges, but also at emerging challenges in the context of increasing uncertainty. In considering future uncertainties (for example, from climate change), it critically examines several drivers of change (such as increased meat consumption and related demand for feed, and new trends in energy production such as hydro fracking) that can conflict with food security and nutrition objectives. The report emphasizes that much agricultural production is increasingly concerned with non-food crops—corn and soybeans for animal feed, corn and sugarcane for biofuels, cotton, tobacco, etc.--with water often being diverted for export markets. We conclude that water for FSN, especially for small scale food production systems, should be prioritized over export markets.
Third, the report points to two complementary options to increase water, land and agricultural productivity in a range of agroecological food production systems: the first focused on water management (for example, rainwater harvesting, supplementary irrigation etc.) and the second focused on agricultural management (agroecological practices, for example). In doing so, the report takes an integrated ecosystem approach towards managing land, water and biodiversity, an approach that IATP called for in 2009. While recognizing the role of irrigation, the HLPE report specifically calls attention to the need for making rain-fed agriculture a more resilient and reliable option, since it has the largest potential to help address FSN in the 21st century.
Fourth, the report makes some important recommendations concerning the different processes affecting water governance, allocation, access and use. The report emphasizes that inclusive water governance is crucial for ensuring sustainable, equitable and gender-just decision-making and water allocation for FSN. Moreover, the choice of allocation mechanisms and the way these are implemented can impact water for FSN. For example, market-based allocation mechanisms tend to divert water to the most economically efficient sector, not necessarily to those most important for FSN.
Fifth, the report also recognizes that both water sector reform processes and large scale land acquisitions can affect the customary access rights of poor and marginalized women and men, and thus impact their FSN. The role of trade in goods as a virtual water transfer is recognized as crucial to help address FSN needs of water scarce countries. Such approaches to FSN should not be at the cost of sustaining small scale food production systems either in food producing areas or in importing regions. Moreover, attention must be paid to ensure local ecosystem sustenance and better work environments in the food exporting economies.
The report also discusses competing governance systems—including informal systems such as policies, institutions, tools, etc. –and identifies the need to improve policy coherence at every level, from local to global, in order to prioritize water for FSN. Special attention must be given to the needs of vulnerable communities and women engaged in ensuring FSN. Given the complexity of the governance challenges (e.g., the impact of big investments on water governance systems, or that of trade on local water, food and nutrition security), the report calls for prioritizing water for FSN especially in the context of investments, and for policy coherence at national and local levels on this issue. It notes that even major global initiatives around water, land and food governance (for instance, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT) and the Voluntary Guidelines for Securing Sustainable Small-Scale in the Context of Food Security and Poverty Alleviation (VG SSF)) have not adequately integrated water for FSN.
Finally, as a scientific report dealing with water for FSN, the report makes an original contribution by going well beyond technical issues to call attention to the inextricable relationship between the right to water and the right to food. In doing so, it draws on two comments from the UN Committee on Economic, Social and Cultural Rights: General Comment 15 (on right to water) and General Comment 12 (on right of food), both of which recognize the interdependence of the right to water and right to adequate food. Most peri-urban and rural communities in developing countries employ multiple water use practices. Yet, the human right to safe drinking water and sanitation concerns itself only with access to water for drinking water, food preparation and sanitation, and does not concern itself with other home-based activities (kitchen gardening, animal care, etc.) that help communities become food and water secure. This report suggests further exploration of the inter-linkages and consequences of these two rights by relevant Special Rapporteurs, so as to enable a human rights approach to water governance that ensures water for FSN for all.
This report will inform the Committee on World Food Security debate on water for meets in October 12-15 in Rome. Reading this report in full will certainly be informative and hopefully enjoyable —it certainly has been a pleasure for me to work on this report with my colleagues in the Project Team. Our intention was to provide as comprehensive and informed an account of the situation as possible. We think we have done that, and hope it will serve its intended purpose: to provide evidence-based analysis and expert advice on this issue of critical importance: Water for Food and Nutrition Security.
Posted May 13, 2015 by Juliette Majot
As the Senate lurches toward consideration of Fast Track, it's important to remember that the debate is more than a political game. Fast Track Authority is an abdication of Congressional responsibility and accountability. Adding insult to injury, the trade agreements that such authority would, in effect, guarantee are the product of non-democratic and secretive processes heavily engineered by corporations. Chiseling away at what is left of our democracy isn’t popular among the majority of the people who vote for Democrats, Republicans, and Libertarians. That is why there is unity among the opposition to Fast Track, and that is why President Obama has a political problem on his hands that will not be solved by offering rides in Air Force One, or by promising to offset the inevitable (and proven) destruction of jobs that will follow right on the heels of ratifying two new trade agreements should Fast Track be approved. Ultimately, representatives of the people in Washington DC have to get elected. And anyone who steps up to vote YES on Fast Track authority will have a hard time explaining, quite soon, exactly why they dodged their responsibility to ensure that trade agreements serve the interests of the people. Democrats, Republicans, Libertarians. Voters.
Posted May 13, 2015 by Shefali Sharma
This past Friday, over 29,000 comments, including IATP’s review of the Guidelines, were submitted to the U.S. Department of Health and Human Services (HHS) and Department of Agriculture (USDA) on the 2015 Dietary Guidelines. The Guidelines, revised every five years, set policy guidance on the American diet and nutrition. They inform the design and implementation of federally funded nutrition programs such as the School Nutrition Program and the Women, Infants and Children (WIC) program. Policy makers, educators and nutrition and health professionals use them.
According to Politico (subscription required), the last Scientific Report on the Dietary Guidelines (in 2010) elicited only 2,000 comments by comparison. This year’s report raised a firestorm—mainly due to the meat industry—because the Dietary Guidelines Advisory Committee (DGAC) peer-reviewed report recommended that “Sustainability” should be an integral criteria for an optimal diet. They defined a sustainable diet as a pattern of eating that promotes health and well-being and provides food security for the present population while sustaining human and natural resources for future generations and concluded the following:
A diet higher in plant-based foods (vegetables, fruits, whole grains, legumes, nuts and seeds)and lower in animal-based foods is both healthier and more sustainable than the current American diet.
The North American Meat Institute and other meat industry players have heavily lobbied the agencies to ensure that these recommendations are not accepted and have asserted that sustainability concerns should be excluded from guidance on nutrition. To counter this, a large number of civil society groups have coalesced under the banner My Plate, My Planet to urge the HHS and USDA to accept DGAC’s recommendations and include sustainability. In fact, because of this campaign, a large number of the comments submitted this past Friday favored including environmental impacts in the guidelines. Groups also collected over 200,000 signatures for a petition that demanded sustainability be in the guidelines. The HHS and USDA hope to stick to their schedule and issue the guidelines by the end of this year. To support the DGAC recommendations, you can sign up for updates on My Plate, My Planet.
The 2015 Dietary Guidelines are an opportunity for the HHS and the USDA to play a leadership role and integrate this critical aspect of sustainability—and the future of our food system—into federal policy on nutrition and food security.