Problems With Cafta
The Dominican Republic-Central America Free Trade Agreement presents an important crossroads for trade policy. It involves issues broader than those, for example, relating to sugar or textiles; and indeed, as President Bush said recently,…
The Dominican Republic-Central America Free Trade Agreement presents an important crossroads for trade policy. It involves issues broader than those, for example, relating to sugar or textiles; and indeed, as President Bush said recently, it involves issues beyond trade, including ramifications for the future path of democracy.
It is an important test for globalization. What has been unfolding in Latin America, including Central America, is that substantial portions of the citizenry are not benefiting from globalization. They have increasingly responded with votes at the ballot box or in the street. Doing so they have raised sharply an underlying issue and that is whether the terms of expanded trade need to be shaped to spread the benefits or simply to assume the trade expansion by itself will adequately work that out.
It is for these reasons, not more narrow interests, why the issue of core labor standards in CAFTA is important for Central America and for the United States of America. The way it is handled in CAFTA undermines the chance that the benefits of expanded trade will be broadly shared. The goal of globalization must be to expand markets and raise living standards, not promote a race to the bottom.
An essential part of this leveling up is the ability of workers in developing nations to have the freedom to join together, to have a real voice at work, so they can move up the economic ladder. This is not true in Central America where recent State Department and International Labor Organization reports confirm that the basic legal
framework is not in place to protect the rights of workers and enforcement of these defective laws is woefully inadequate. Regretfully, CAFTA as negotiated preserves the status quo or worse, because it says to these countries ``enforce your own laws'' when it comes to internationally recognized labor standards.
The Latin American region possesses the worst income inequality in the world. And four of the Central American nations rank among the top 10 in Latin America with the most serious imbalances. Poverty is rampant in these countries. The middle class is dramatically weak, as has been true in the persons of other nations including our own. This will not change unless workers can climb up the ladder and help develop a vibrant middle class.
A huge percentage of workers in this region are not actively benefiting from globalization because the current laws in these nations do not adequately allow them to participate fully in the workplace. The suppression of workers in the workplace also inhibits the steps necessary to promote democracy in society at large. The core labor and environmental provision in CAFTA that each country must merely enforce its own law is a double standard. This standard is not used anywhere else in CAFTA, whether as to intellectual property, tariff levels, or subsidies.
``Enforce your own laws'' is a ticket to a race to the bottom. Such an approach is harmful all around for the inability of workers to earn enough, for we in the middle class so badly lacking in and needed by Central American countries, for American workers who resist competition based on suppression of workers in other countries and for our companies and our workers who need middle classes in other countries to purchase the goods and services that we produce.
CAFTA is a step backwards also from present trade agreements. The Caribbean Basin Initiative Standard states in determining whether to designate any country a benefit country under CPI, the President shall take into account ``whether or not such country has taken or is taking steps to afford workers in that country, including any designated zone in that country, internationally recognized rights.''
The GSP, Generalized System of Preference, standard is this: the President shall designate a country, a GSP beneficiary country if ``such country has not taken or is not taking steps to afford internationally recognized worker rights to workers in that country including any designated zone in that country.''
So CAFTA is a step backward from these standards. The provisions in CAFTA on worker rights as currently negotiated are substantially weaker than current U.S. law and would replace that current law. I will give you an example. In Guatemala over 900 Del Monte banana workers were fired in 1990 for protesting labor conditions. A GSP petition led USTR for the first time ever to self-initiate a worker rights review for Guatemala in October 2000. Guatemala subsequently passed labor reforms in April 2001 which included granting farm workers new rights to strike.
In preparation for CAFTA, however, Guatemala's constitutional courts struck down key parts of the 2001 labor reforms. In August of 2004, the court rescinded the authority of the ministry of labor of that country to impose fines for labor rights violation, a key element of the 2001 agreement. Under CAFTA, the U.S. would have no recourse to challenge that development.
Now, let me go on, if I might, to a next point and that relates to the examples of Morocco and Chile and Singapore because those agreements are often used as examples as to why we should vote for CAFTA. I supported the agreements with Chile, with Morocco, and with Singapore. The situations in each of those countries was very different from Central American countries.
Chile has the international labor standards incorporated in their laws and they enforce them. There is a vibrant labor movement and an active middle class. The same is essentially true in Singapore, anti- labor movements, workers have their right to associate if they want to organize, to form unions; and they have a tradition of a labor movement in Singapore.
Morocco, the question is asked, well, I voted for Morocco, why not CAFTA? And the answer is there are vast differences between the situations. Morocco took steps in the last years before the free trade agreement with them to truly, truly reorganize their labor laws. Also, Morocco has a tradition of a vibrant labor movement in the private sector as well as the public sector. So Central America is very different.
We voted, many of us on the Democratic side, for Morocco, Chile and Singapore; we believe in expanded trade as long as the terms of those of that trade agreement and of those trade agreements are shaped to spread the benefits across the population.
Let me say a word about Central American countries and the deficiencies in their laws, because much has been said of this and much was said today by our new USTR, a former colleague, Rob Portman. Look, USTR has tried to gloss over what the ILO says. They have tried to gloss over what is in the State Department reports themselves. But any objective look confirms that those reports say that the laws of those countries in terms of the basic international standards are defective. And this was spelled out in a letter that was sent by us on April 4 by the gentleman from New York (Mr. Rangel), the gentleman from Maryland (Mr. Cardin), the gentleman from California (Mr. Becerra), and myself to the acting trade representative, Peter Allgeier.
Mr. Speaker, this letter will be placed in the Record at the end of my remarks.
What the reports show is exemplified in a fairly recent case, and I will refer to it briefly. It relates to port workers in El Salvador. In that case they tried to organize, they tried to be representative, they tried to bring about democratic rights within the workplace. Thirty- four of the workers were fired last December when they were trying to form a union. And not only did the law not require their reinstatement, but only severance pay, which is a cheap bargain for an employer who wants to violate rights.
But a month later, the labor ministry denied the labor union's registration petition since now there were only seven workers left. Others had been fired. El Salvador law requires at least 35 members to form a labor organization, a provision that itself has been criticized by the International Labor Organization.
I just ask everybody to read the letter that we sent to Mr. Allgeier and the attached analysis of laws from the ILO reports and State Department reports. President Bush has correctly talked about freedom and democracy. He has said that everywhere. But what this CAFTA does is to sanction the status quo where there is no democracy in the workplace.
President Bush last month urged a vote for CAFTA because it would bring ``stability and security'' to the region.
I think the opposite is true. If workers are suppressed, it is a step towards insecurity and towards instability. Labor market freedom is a source of security, undercutting insecurity. What is a threat, what is a real threat to undemocratic forces, those who do not believe in them, is democracy in the workplace.
The President likes to quote the writings of Natan Sharansky, who has been minister in Israel until recently. Natan Sharansky says that a test of democracy is whether somebody can arise in the town square and speak his or her mind without punishment. If you use that test to the workplace, most places in Central America, the answer is there is no democracy. If somebody raises their voice too often, they are fired.
Now, let me just say a word about another argument that is used and that is, well, the problem is enforcement and the United States is going to help the nations of Central America with their enforcement. We are going to provide monies so that there is a stronger department of labor, et cetera, et cetera.
Well, today, Rob Portman, our ambassador, outlined a number of proposals for more funding to help CAFTA countries in technical assistance to strengthen enforcement of labor laws. He said the problem is not labor laws; it is enforcement. The correct analysis is there is a deep problem in their laws and a severe problem with the enforcement of flawed laws. But when you
look at what was urged today by Mr. Portman, and I do not question his good faith about it, but I do question the credibility of it because it is the record, not the rhetoric, that really matters. And the record of this administration in providing technical assistance for the strengthening of labor unions in other countries is miserable.
This year, I just give a few examples, this year President Bush proposed crippling cuts to the budget for the International Labor Affairs Bureau known as ILAB. He proposed cutting funding by 87 percent from $94 million to $12 million.
According to the President, the 2006 budget, he quotes, ``returns the agency to its original mission of research, analysis and advocacy.'' Well, what that means is there is not any emphasis on technical assistance.
Also, the President's five budget requests in previous years proposed funding cuts for ILAB of more than 50 percent.
So I do not believe that the answer is simply more money going to agencies in other countries. I think the laws have to be in order. The regulations must not strangle efforts of people to assert their freedom in the labor market, but I do think better enforcement would be useful of good laws. The record of the administration in terms of technical assistance is terribly weak, in fact.
Now, let me discuss another issue that has come up when we discuss CAFTA. Increasingly, this administration has used our trade challenges from China as a reason to vote for CAFTA. This is happening more and more. It is not credible. It is at best boot strap. Look, we have to shape trade policy so that there can be effective competition with China, that is for sure. That relates to currency, and we just a short time ago had, I think, a rather ineffective meeting with the administration on the currency issue.
It also includes trade in apparel and textiles. We have seen a major influx of apparel from China with the end of the quotas. In order to have an effective trade policy, vis-a-vis, China, in the apparel and textile areas, we have to do the following.
Number one, we have to actively use remedies that were written into the agreement with China in its succession to the WTO. We worked hard to get those provisions into the WTO China succession agreement, and the administration has hesitated to use them effectively. They did not effectively anticipate this problem, and when the problem really sprouted, their response initially was very weak.
Second point regarding this: We do need to have and take steps to bring about a strong Caribbean apparel and textile structure, Caribbean including the United States. To do that, one of the steps that is necessary is to have compliance with international core labor standards. That would be a source of strength, not of weakness. It would be trying to compete and compete effectively, rather than trying to compete with China as to who can most suppress worker rights.
In that regard, I do think we ought to look at what is sometimes pointed to, and that is, the Clinton legacy because I have read some articles that have said that those of us who have raised this set of issues about globalization, who have raised this set of issues about shaping trade policy and have applied it to this critical step, vis-a- vis, CAFTA, that those of us who are doing that are taking a step backwards from where the Clinton administration was. The contrary is true. The contrary is really what this is all about.
For example, Jordan. Today, Ambassador Portman, and I am glad to call him ambassador now, he was a colleague, said that the Jordan agreement is not as strong as CAFTA when it comes to core labor standards. That simply is an incorrect analysis of Jordan. Jordan has a clear reference to the core standards: child labor, forced labor, anti-discrimination and the right of workers to associate and to bargain collectively. It has references to those five core labor standards in the Jordan agreement, number one.
Number two, Jordan has a provision to make sure that Jordan cannot slip backwards, cannot move away from that standard. That is not true in CAFTA. Enforce your own laws, it can be present laws or revised laws that are even worse.
Thirdly, as to enforcement, it is not at all correct to say that the provisions in CAFTA, that those provisions are nearly as strong as was negotiated with Jordan. Essentially the Jordan FTA, the U.S.-Jordan FTA said that each country could take the necessary steps to enforce the obligations of the other, and it is true the Bush administration later entered a letter, a side letter, that put some brakes on the ability of the Bush administration to implement the Jordan agreement, but that is not what was negotiated.
What President Clinton did increasingly in his later years was to say to the world, I favor expanded trade, I believe in it, it has to be done in ways that shape so that there is a leveling up and not down. That is language that he used in his speeches. He referred to them at the University of Chicago speech, and that was the flavor of his speech at Davos. I was there when he gave the speech. He spent half of his time talking about the benefits of expanded trade. He also spent the second half saying if those benefits were going to be real and move globalization ahead, there needed to be, he said, a leveling up and not a leveling down.
When people say we cannot impose standards on other countries, and that was said I think it was yesterday or maybe earlier today by the chairman of our committee, I do not understand that. Trade agreements, like any other contract, involve imposition. We are going to have to change laws as a result of trade agreements. That was true under the Uruguay Round agreements. It is true of tariffs. We are going to have to change our laws regarding tariffs.
Now we are not talking about imposing American standards in CAFTA. What we are talking about is placing internationally recognized standards in the declaration of the ILO that every country involved here, Dominican Republic, Central American, U.S., has endorsed putting them into the agreement, in the body of the agreement enforceably with reasonable transition. That is important.
So let it be clear, the opposition to CAFTA, as negotiated, is not being led by those the administration likes to dismiss as in ``protectionists'' or ``isolationists.'' Those shoes do not fit. The opposition leadership involves those of us who have favored expanded trade and have helped to shape and pass trade agreements in the last decade.
For us, CAFTA is an important line in the sand, affecting the future effectiveness of globalization. If the U.S. does not seize the opportunity to shape the rule of trade and competition in CAFTA, it will have chosen simply to be on the receiving end of the consequences, both positive and negative of globalization.
I favor a CAFTA but not this agreement as it stands, and we can quickly fix this agreement by renegotiating CAFTA to include internationally recognized labor standards, with enforcement in a reasonable transition. In doing so, we would advance the interests of U.S. businesses and workers and expand the benefits of globalization beyond the status quo and any privileged minority in any of these countries.
We would take also an important step, and I want to emphasize this, an important step towards reestablishing a bipartisan foundation for trade. That bipartisan foundation has been eroded under this administration, and it is that bipartisan foundation that needs to be reestablished because it is so critical for tackling tough trade issues ahead, for example, in the Doha Round. We cannot tackle these tough issues of agriculture, various parts of agriculture, or of services, including financial services, we cannot tackle them, nontariff barriers, unless there is a solid, nonpartisan, bipartisan foundation. We cannot do it by trying to squeeze out a one vote majority.
Security, economic and political, is best achieved in the region of Central America. By closing the dangerous gap between rich and poor, by development of a real middle class and a larger middle class and by expansion of freedom operating in the workplace and spreading throughout the society, it did, by the way, not only in our country in Poland and so many other places.
I want to close by emphasizing what is at stake, that this security, economic and political, is in the self-interest of our country, of our businesses
and of our workers. We need to address this issue of core labor standards, not only for the benefit of the workers in the other countries, of the development of a so badly needed middle class in those countries, but also because our workers increasingly refuse to compete with countries where the workers are suppressed. That is eroding the support for international trade in this country, and we need to reaffirm its importance by reaffirming some basic principles. That is going to be good, as I said, for our country, for our businesses, and for our workers.
I am not sure of the timetable for CAFTA. What I am sure is as of today, it would not pass. There may be an effort to try to make it pass by all kinds of deals, which those of us who favor expanded trade would never agree to. It may be endeavored to pass through some kinds of deals unrelated to trade, offering this and that, unrelated again to trade. That would be a terrible mistake.
We have an opportunity here to reconfigure CAFTA in a way that would bring about strong bipartisan support and be a foundation for the development of stable relationships within Central America and the Dominican Republic and between them and ourselves.
Also, as I said, we would be able to reestablish the bipartisan foundation that once prevailed for international trade in this institution. Without it, CAFTA, in my judgment, should not and cannot pass, and there is likely trouble in tackling the other issues that need to be addressed boldly, honestly and effectively.
The material I referred to previously I will insert into the Record at this point.
House of Representatives,
Committee on Ways and Means,
Washington, DC, April 4, 2005.
Hon. Peter Allgeier,
Acting U.S. Trade Representative,
Washington, DC.
Dear Ambassador Allgeier: In recent weeks, advocates for
the Central American Free Trade Agreement (CAFTA) have made
assertions that the CAFTA countries' laws comply with basic,
internationally-recognized rules that ensure common decency
and fairness to working people. These advocates argue that
the only outstanding issue concerning the rights of workers
in the CAFTA countries is a lack of adequate enforcement of
existing labor laws.
Unfortunately, CAFTA advocates' rhetoric is not supported
by the facts. There are still no fewer than 20 areas in which
the CAFTA countries' labor laws fail to comply with even the
most basic international norms, as documented by the
International Labor Organization (ILO), the U.S. Department
of State and multiple non-governmental organizations.
More than a year ago, in November 2003, a number of us
wrote to you outlining these problems in detail. We had hoped
that doing so might lead to actions to remedy those problems,
or at least to a constructive dialogue about them. However,
the Members who signed that letter have yet to receive any
response to the list of problems documented in that letter--
either from your office or from the countries concerned. In
fact, the labor laws in at least one of the CAFTA countries
have been weakened in recent months.
In light of the fact that Congress may soon be considering
the CAFTA, it is important to move beyond rhetoric to the
facts. We urge you to provide documented information
concerning any amendments CAFTA countries have made to their
laws to address the shortcomings noted in the attached list.
Those shortcomings cannot be overcome with better enforcement
efforts. Even the best enforcement of inadequate laws--
whether relating to intellectual property, services
regulation or technical standards for manufactured products--
cannot yield acceptable results.
We support the right CAFTA for the Central American
countries and the Dominican Republic, just as we have
strongly supported the Caribbean Basin Initiative (CBI)
programs. These programs have done much to strengthen
economic ties with our friends and neighbors in Central
America and the Caribbean in ways that benefit both the
United States and the region.
However, the CBI programs were built on the dual pillars of
expanded economic opportunity and a strong framework for
trade. In particular, the programs were expressly conditioned
on the countries making progress in achieving basic labor
standards. By contrast, the CAFTA moves backward by not
including even these minimum standards, and using instead a
standard for each country of ``enforce your own laws.''
Ensuring that the CAFTA countries both adopt and effectively
maintain in their laws the most basic standards of decency
and fairness to working people is important to their workers,
their societies, and to U.S. workers. It also is critical to
ensuring strong and sustainable economic growth and promoting
increased standards of living.
We welcome and support all efforts to improve the capacity
of Central American countries to improve the enforcement of
their labor laws. In fact, for the last four years, we have
fought for better funding of such programs and against
massive Administration budget cuts for labor technical
assistance programs--many of these programs eroded-out or
slashed by up to 90 percent in budgets submitted by the
Administration. The Administration's track record gives us
little confidence that the one-time grant of $20 million
included in the FY05 Foreign Operations Appropriations Act
for labor and environmental technical assistance in the CAFTA
countries represents the kind of real and sustained
commitment needed in these areas. Moreover, such efforts on
enforcement are no substitute for getting it right on basic
laws.
Sincerely,
Benjamin L. Cardin,
Ranking Member, Subcommittee on Trade.
Xavier Becerra,
Member.
Charles B. Rangel,
Ranking Member.
Sander M. Levin,
Ranking Member, Subcommittee on Social Security.