Oregon Fair Trade Campaign Comments Regarding the
United States — Trans-Pacific Partnership Trade Agreement
January 25, 2010
Docket: USTR-2009-0041
The Oregon Fair Trade Campaign (ORFTC) is a coalition of more than twenty-five labor, environmental and human rights organizations, which together represent nearly 200,000 people across the state of Oregon. We appreciate this opportunity to comment on the proposed Trans-Pacific Partnership Free Trade Agreement (TPP FTA).
We strongly encourage the U.S. Trade Representative (USTR) to use Section 4 of the pending Trade Reform, Accountability, Development and Employment Act (HR.3012) as a model for TPP FTA negotiating objectives. ORFTC was heartened by President Barack Obama’s 2008 statement that the North American Free Trade Agreement (NAFTA) has done more harm than good for the U.S. economy, and his oft-repeated campaign promises to develop new ways forward for future trade agreements, especially regarding their procurement, investment, consumer safety, agricultural, labor and environmental provisions. With over 130 cosponsors, including a majority of the majority, HR.3012 represents a clear path forward to meeting the President’s trade reform pledges.
At a minimum, the TPP FTA should:
- Be free of restrictions on public procurement policies
The proposed TPP FTA must be free of restrictions on “Buy America” and “Buy Local” public procurement policies. The pact’s procurement provisions must not expose federal, state or local prevailing wage, renewable energy, recycled content, anti-sweatshop and other “green” and socially-responsible procurement practices to challenge. All these types of procurement policies should be explicitly protected from challenge in the FTA language. - Eliminate investor-to-state enforcement mechanisms
Insofar as the proposed TPP FTA includes investment provisions, they must not subject federal, state and municipal policies, including environmental, consumer safety, public health, financial and other public interest policies to challenge by foreign corporations in international tribunals. - Be free of limitations on food and product safety
The proposed FTA must not contain language that could prevent the United States inspecting imports in any way or from blocking the importation of food and other products that do not meet domestic safety standards. - Prevent double standards in agriculture
The proposed TPP FTA must enable partner nations to support both farmers and consumers of food in any manner of their choosing, while also allowing nations to protect their own food sovereignty and food security through the use of tariffs and other mechanisms. - Guarantee access to generic medications
The proposed should adopt the 2001 WTO Doha Declaration on Public Health as its minimum standard regarding access to generic medications. All steps should be taken to ensuring access of existing medications to those who need them — not just those who can afford them. - Include robust labor standards
The labor provisions in the proposed TPP FTA must based on the International Labor Organization’s Conventions, rather than just its Declaration. Mechanisms should be included that allow labor advocates to make complaints regarding labor violations, and those complaints should be heard and addressed in a timely manner. Penalties for violating labor standards should be greater than those violating other, non-human rights-related provisions of the agreement. - Prioritize global warming solutions
The TPP FTA must explicitly carve out broad exemptions in every area for policies designed to combat global warming, protecting them from potential challenge.
In addition, ORFTC urges the USTR to take a careful look at HR.3012’s human rights provisions. We are troubled that two of the first countries the Obama administration has chosen to enter into trade negotiations with are Brunei Darussalam and Vietnam. A February 2009 report by the U.S. State Department described severe human rights violations in Brunei, such as the “inability of citizens to change their government; arbitrary detention; limits on freedom of speech, press, assembly, and association; restrictions on religious freedom; discrimination against women; restricted labor rights; and exploitation of foreign workers.”
The U.S. State Department also labels Vietnam’s human rights record “unsatisfactory” and points out similar problems in that nation.
Human rights should be a top concern for all elements of the Obama administration, including the USTR. The experience of China’s entry into the World Trade Organization clearly shows that entering into a “free trade” arrangement with an undemocratic nation does nothing to help it move towards real freedom. ORFTC strongly believes that trade cannot be “free” when working people in one country are denied their basic human rights. No FTA with Brunei or Vietnam should be approved until human rights concerns are adequately addressed.
Finally, ORFTC is disturbed to see the USTR proceed with the TPP FTA as if the Trade Promotion Authority Act of 2002, also known as “Fast Track,” still exists. The undemocratic “Fast Track” trade policymaking procedure is dead, and it should stay that way.
Thank your for your attention. If you have any questions about this testimony, please contact Arthur Stamoulis, director of the Oregon Fair Trade Campaign, at (503) 736-9777 or orftc@citizenstrade.org.