What effect do you see CAFTA as having on the environment in the signatory countries?

CAFTA and the Environment

This week Congress approved the Central American Free Trade Agreement (CAFTA). The agreement is between Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua and the U.S. Much of the rhetoric on the subject has concerned economies, jobs, and working conditions. Yet all trade has the potential for environmental impact (including in the workplace), and CAFTA is likely to be no exception. Chapter 17 (Text / Texto) of CAFTA concerns the environment (ambiente).

I'm no lawyer, and this is just my own opinion on what chapter 17 means.

It begins (article 17.1, Levels of Protection): "Recognizing the right of each Party to establish its own levels of domestic environmental protection and environmental development policies and priorities, and to adopt or modify accordingly its environmental laws and policies, each Party shall ensure that its laws and policies provide for and encourage high levels of environmental protection, and shall strive to continue to improve those laws and policies." In other words, there is nothing to bring the environmental laws of each party up to an equal standard.

Article 17.2 (Enforcement of Environmental Laws) says that each country will police its own environmental laws, and goes on to say that it would not be fair to weaken a country's enforcement in order to gain a trade advantage.

Article 17.3 (Procedural Matters) is about judicial hearings being available, with someone from one country being able to file a lawsuit in another. Article 17.4 (Voluntary Mechanisms to Enhance Environmental Performance) is about encouraging voluntary environmental work. Article 17.5 (Environmental Affairs Council) Article 17.5 (Environmental Affairs Council) concerns the establishment of a cabinet-level environmental affairs council to meet annually. Article 17.6 (Opportunities for Public Participation) states that there should be a mechanism in each country to receive communications from the people and to deal with them or pass them on to other parties as appropriate.

In Article 17.7 (Submissions on Enforcement Matters) there is provision fro anyone from any of the countries to file a submission that an environmental law is not being enforced, unless someone in the U.S. is making a complaint about a lack of enforcement within the United States, in which case they must file with the North American Agreement on Environmental Cooperation (“NAAEC”) instead.

Under article 17.5 all decisions of the council will be by consensus, except where the secretariat suggests that there is a need for a factual record under article 17.8 (Factual Records and Related Cooperation ) and the council so orders. Article 17.9 (Environmental Cooperation ) begins with, "The Parties recognize the importance of strengthening capacity to protect the environment and to promote sustainable development in concert with strengthening trade and investment relations." and discusses focusing on priority areas agreed in the Dominican Republic – Central America – United States – Environmental Cooperation Agreement (“ECA”).

Article 17.10 (Collaborative Environmental Consultations) allows for one party to request consultations of another in writing, and that the matters raised should be dealt with promptly, with 17.11 (Environmental Roster) providing for a roster of people to deal with disputes. Article 17.12 (Relationship to Environmental Agreements) recognizes that the parties are also committed to other multilateral environmental and trade agreements.

Opponents of CAFTA point to the experience of Mexico and NAFTA, saying that cheaper U.S. farm goods will drive peasants out of farming and they will move to the cities or illegally enter the USA in search of work. This would be likely to have an affect not only on agriculture and on urban crowding in the non-USA party countries, but on working conditions in the USA.

Congress Sends Bush Energy, Transit Bills, Congressional Moves Before Summer Recess

In the week before their 5-week long summer vacation, Congress passed a number of bills, including the one on Energy, which has already been reported on here, and a spending bill for the Environmental Protection Agency. Others included a highway bill and the Central American Free Trade Agreement (CAFTA), but no mention of any potential environmental consequences of those has been made in the news wires.

The big items on the agenda for when Congress returns include: filling a Supreme Court vacancy, tax cuts, Social Security reform, and cutting Medicaid. There will also be several appropriations bills including bills for defense (including base closings) and agriculture. Other bills will include oil drilling in Alaska and the estate tax.

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China educates farmers on pig-borne disease, Pig-Borne Disease Found in Mainland China

Sichuan province in southwestern China is telling farmers not to handle or slaughter their sick pigs, or eat their meat. There is a ban on exporting pigs or pig meat from the area. The unusually deadly outbreak of swine flu is being blamed on a heatwave and unsanitary practices. 32 people have died.

A new case has been identified outside the area, in Guangdong province, which borders Hong Kong. The man has recovered. it is not known if the case is linked to Sichuan. A case in Hong Kong this week is believed to be unrelated.

What effect do you see CAFTA as having on the environment in the signatory countries?

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