US Congress Joins Calls for Transparency

 
Human rights, labor and environmental organizations were heartened by a recent letter organized by Oregon Congressman Peter DeFazio and signed by more than 60 members of Congress. The letter was sent to President Clinton in response to an October statement by United States Trade Representative Ambassador Charlene Barshefsky, who argued that "given the increasing prominence that trade and trade agreements play in the global economy, it is critical that WTO members immediately improve their communications with the public." DeFazio's letter asks the president to apply this attitude immediately to the Free Trade Area of the Americas (FTAA) negotiations. Among its requests are that the administration:

"Immediately publish all working papers, memoranda, and other text from each of the nine working groups and make the text available to Members of Congress,

Transmit to Congress any additional text or text revisions that become available prior to April 2001 and thereafter,

Provide Members of Congress with a list of the U.S. representatives to the nine working groups in order to promote a more direct dialogue, and

Consistent with your Administration's pledge of transparency, make available to NGOs and the American public through the USTR public reading room and on the USTR's web site all of these materials."

The letter also states that Article II, Section 8 of the US Constitution gives Congress exclusive authority to regulate commerce with foreign nations. Consistent with this authority, the representatives ask the administration to "remedy the oversight of not including Congress previously�."

It will be interesting to see how the Clinton administration reacts to these requests. Full disclosure was not what the USTR had in mind when she made her statement about transparency. There is a great deal of resistance among the negotiators to allow outside interference in this stage of negotiations. They fear, perhaps rightly so, that public scrutiny could destroy the momentum they have been able to build for the next stage of technical negotiations. However, pressure for disclosure is growing throughout the hemisphere, and the lame-duck Clinton administration may be tempted to emerge as a last-minute hero to its allies in the union and environmental movements.

The Congressional letter is a big jump from previous requests for the negotiating texts by NGOs, unions and other civil society organizations throughout the Americas. It also goes beyond the Canadian government's decision to release its negotiating positions, which are limited to Canada's interests in a limited number of FTAA negotiating groups. Civil society representatives express some optimism that there may finally be something more to analyze than just rumors and general briefings. Information has been leaked about Brazil's and Chile's negotiating positions, and more may be forthcoming. The US-based Alliance for Responsible Trade, a member of the Hemispheric Social Alliance, is preparing a small group of experts who are ready to analyze the negotiating documents or at least compare the material that becomes available at the country level. Their mission will be to provide guidance to civil society groups that desire a more active influence in the trade negotiation process.

For the full text of the letter from Congress to President Clinton, see http://www.house.gov/defazio/.