Compelling Listening

Late Night Live discusses the Trans-Pacific Free Trade Agreement

The ABC’s Phillip Adams interviews our own Jane Kelsey, Lori Wallach (director of Public Citizen’s Global Trade Watch) and Patricia Ranald of the  Australian Fair Trade and Investment Network (AFTINET),

Programme Description
If negotiations for a multilateral free trade deal are successful, what effect will this have on Australia and the trade rules affecting the Asia-Pacific region? Would this pose any threat to Australia’s PBS, our television content rules, or remove information about GM ingredients from our food labels?

>Listen Online

>Download audio

Public Citizen's Global Trade Watch seeks to ensure that in this era of globalization, all Americans can enjoy economic security, a clean environment, safe food, medicines and products, access to quality affordable services such as health care and the exercise of democratic decision-making in matters that affect them and their communities.

The Australian Fair Trade and Investment Network (AFTINET), a network of community organizations, including church groups, human rights groups, unions and environmental organizations. AFTINET advocates for fair trade policies based on human rights, labour rights and environmental sustainability

Posted in Uncategorized | Leave a comment

Free Trade Informer

Available to view and/or download

The Free Trade Informer, the monthly update on the campaign against the Trans-Pacific Partnership Agreement is now available to download

Posted in Uncategorized | Tagged | Leave a comment

Prime Minister’s Statement on Trade Significant

The Prime Minister has unintentionally made a significant announcement on New Zealand’s approach to negotiating the Trans Pacific Partnership (TPP).

Late Monday the Prime Minister was asked whether New Zealand would follow Australia’s lead and resist rules in the TPP, which exist in other US trade agreements, allowing investors to sue foreign governments to enforce investor rights.

John Key said that he’d imagine New Zealand would take Australia’s approach, saying the idea was far-fetched.

The newly launched New Zealand Not For Sale Campaign says that contrary to the issue being far-fetched, it is a very real threat.

A Prime Minister who doesn’t understand current US Trade Policy?

“US$326 million “compensation” has been paid out by governments to corporations in cases filed to date under the North American Free Trade Agreement (NAFTA).  These cases included “compensation” to companies who produced cigarettes, high fructose corn syrup and gasoline additives”.

NAFTA has formed the template for US trade negotiations since, and although it was alarming that the Prime Minister did not understand a key aspect of the US approach to trade, it was not surprising, given the mythologising that occurs around free trade.

The biggest con of the branding around the free trade agenda is that it is primarily about trade. But it is the pervasive rules around investment that should cause most concern.

The New Zealand Not For Sale Campaign called on the Government to stop negotiations on the Trans Pacific Partnership and conduct detailed investigations, involving non-governmental organisations, about the implications for the country’s economic sovereignty arising out of an expanded TPP.

Background

  • Listen to the Prime Minister’s comments here
  • or watch the questions here (at 38 mins, 5 seconds)

Investor state provisions are controversial aspects of free trade agreements, which allow corporations to secure compensation (sue sovereign governments) for loss of profits.  66 such cases have been attempted, and nine have been successful, under the NAFTA, which the United States developed in the early 1990s.

Posted in Uncategorized | 1 Comment

NZ Not for Sale Campaign Launched

Jane Kelsey and NZ Not for Sale Campaign Secretary Christine Dann

The New Zealand Not For Sale Campaign was launched in Christchurch last night  (November 11th), in conjunction with the launch of Professor Jane Kelsey’s book on the Transpacific Partnership Free Trade Agreement. The NZ Not For Sale Campaign has been set up to oppose the Transpacific Partnership because it is against New Zealand’s best economic, environmental and social interests.

”The trade agreements we already have are linked with high international debt, job losses, asset stripping, risky speculation, increasing sales of land to overseas owners, running down public assets and services, and loss of tino rangatiratanga and national sovereignty”, says the Campaign Secretary, Dr Christine Dann.

The TPP would make things a lot worse, Dr Dann says. It opens the door for

  • steep rises in the price of medicines,
  • the total loss of the local content provision in broadcasting,
  • even weaker controls on overseas investment in NZ
  • foreign investors suing the government for millions in offshore tribunals
  • weaker regulation of the financial sector
  • more transnational control of essential services
  • undermining action on climate change, and
  • further delays and restrictions on agricultural market access to the US.

”The people of New Zealand are getting sick and tired of successive governments putting the interests of dodgy, price-gouging foreign owners and investors ahead of what really matters in building a great country – a healthy natural environment,worthwhile, decently-paid work for all, and a fair and caring society”, says Dr Dann.

The Campaign has opened a Statement of Sovereignty petition (text below) for the public to sign. The closing date for signatures is 4 July 2011.

STATEMENT OF SOVEREIGNTY

We the undersigned citizens and permanent residents of New Zealand call upon the Government of New Zealand

The TPP like be, like NAFTA, nothing but a statement of corporate rights and protections

• to cease negotiations on the Transpacific Partnership agreement; and

• to not sign this agreement; and

• to cease work on any other in-progress or proposed international trade and investment treaties containing clauses which limit or abrogate New Zealand’s sovereign and democratic right to make and enforce laws and regulations and provide services which differ from those of other states or transnational organisations.

Sign the Statement of Sovereignty Petition  Online

Download the Statement of Sovereignty Petition

Download the Statement of Sovereignty Flyer

Contact us

Posted in Uncategorized | Leave a comment

On good Hobbits and bad habits

The Hobbit controversy teaches us some stark lessons about globalisation and how best to respond to it. As an example of foreign investment in New Zealand it is probably one of the better ones, apart from its very short life. The principle of some government assistance is not necessarily a bad one – the real question is how far we should go with such handouts and our ambition as to what we can achieve with them.

But trading off working conditions and the additional handouts shows the power of footloose corporations with interests everywhere and responsibilities nowhere. They play off governments and working people against each other internationally. It raises crucial questions about how governments should respond to globalisation: how they should act in choosing investment that does in fact have net benefits to New Zealand, and what they should do to get the maximum benefits to stick in New Zealand rather than being extracted by the investors.

Trading off working conditions and the additional handouts shows the power of footloose corporations with interests everywhere and responsibilities nowhere.

Foreign direct investment can bring benefits when it opens new export markets, creates good quality jobs, or brings in beneficial technology, skills and ideas that New Zealand workers and local firms can learn from. Not all such investments do. The overseas buyers of Telecom after privatisation laid off workers, failed to reinvest in new technology, contributed little expertise that Telecom’s staff did not already have, and extracted an estimated $10 billion in profits before they walked away.

Successful film productions can bring many of those benefits, and for the Hobbit that is likely to include some highly skilled jobs, buying goods from local suppliers, export markets, strengthening the New Zealand film industry, and additional tourism. A 2002 study of the first three Lord of the Rings productions by the New Zealand Institute for Economic Research (NZIER) commissioned by the Film Commission, found such advantages, but also found it hard to be sure about the impact. On the down side, the jobs are short term, and many are casual. Most are on contract, without minimum working conditions. The government’s “Warner Brothers Act” will reinforce that. The industry’s nature is that most jobs will be short term, but that doesn’t mean pay and conditions cannot be improved, bringing more benefits to New Zealand.

These are good reasons to support such productions with grants. In our Alternative Economic Strategy we propose support to new industries with potential. But it should not be open-ended and it needs to be tied to conditions that make more benefits “stick” inside New Zealand. Development of local industry and improved conditions for workers should be among them. Grants should phase out as an industry finds its feet, and be part of a strategy for the sector and economy, not just a single project.

Instead,the government’s approach has been to buy the investment by reducing the bargaining power and minimum entitlements of workers and giving an additional $20 million of handouts (on top of an estimated $65 million) with no conditions other than the success of the movies. Another $13 million in marketing assistance is conditional on marketing New Zealand. That is more like it, if it turns out to be value for money. In all, the package reduces returns to New Zealanders as a sweetener to a threatening corporation. Even if the government felt coerced, it could have done much more to improve the returns to New Zealand.

Could they have got better economic development value for that money? Take the rolling stock for Auckland urban rail. BERL’s analysis showed that while Kiwirail’s workshops could probably build the units and locomotives competitively, an investment of $8.5 million – a quarter of the handout to Warner Brothers – would have renewed their plant, providing a basis for future expansion. The Auckland project alone would have provided 1,270 full-time equivalent jobs over 45 months and added $250 million to GDP. The three Lord of The Rings movies at the time of NZIER’s analysis had provided the equivalent of 800 full-time jobs over four years.

An investment of $8.5 million in Kiwirail’s workshops – a quarter of the Warner Brothers handout – could have added $250 million to GDP and created 1,270 full-time equivalent jobs.

The act of weakening employment rights for a specific group of workers on the demand of an overseas investor is unprecedented in New Zealand and encourages other investors to make similar or greater demands. It is so dangerous that the New Zealand government itself has sworn not to do it, to stop a race to the bottom with countries outbidding each other to lower their workers’ conditions. New Zealand governments have signed labour agreements alongside trade agreements with eight different countries including China. Two were signed by the present government.

In them, the government has undertaken not to “seek to encourage or gain trade or investment advantage by weakening or failing to enforce or administer its labour laws, regulations, policies and practices in a manner affecting trade between the Parties”. We – and other governments and union movements – will have little confidence in such undertakings as part of free trade agreements in the future.

Forcing down working conditions is hardly the way to catch up with the rest of the world.

Forcing down working conditions is hardly the way to catch up with the rest of the world. It also raises questions about the increasing international integration of our economy. Rules are constantly being changed to help companies to straddle the Tasman, to invest to and from China, many other countries, and possibly soon the US. International corporations are being given the right to challenge our government’s policies and every day are making decisions that have big effects on our future. If corporations are increasingly able to shop around the world for employment laws that suit their interests, this places even more importance on the sovereignty of nations, the role of enforceable international labour conventions and the need to develop forms of worker organisations that can work effectively on an increasingly global basis.

This article, by  Bill Rosenberg, comprises the preamble to the NZCTU’s Monthly Economic Bulletin (#188 October 2010)

Posted in Uncategorized | Leave a comment

Hillary Comes Bearing a Poisoned Chalice

As if 2,000 earthquakes haven’t been enough punishment for Christchurch, now we’re going to have Hillary Clinton visiting us (and Wellington) this week.

A major focus of Clintons visit will be expanding the Trans-Pacific Strategic Economic Partnership

A major focus for her NZ visit  will be the negotiations which are well underway for the US and a number of other countries to join an expanded Trans-Pacific Strategic Economic Partnership (currently comprising NZ, Chile, Brunei, and Singapore, and known as the P4 Agreement), with 2011 as the target to seal the deal. This will be used as the backdoor means to secure a US/NZ Free Trade Agreement.

That would be catastrophic for any remaining economic sovereignty that New Zealand has. CAFCA says this not because we are “anti-American”. All such FTAs – such as with the existing P4 partners, or the more recent ones with Malaysia, the Gulf States and Hong Kong – pose the same threat to a greater or lesser degree. And our opposition to them is not because of “xenophobia” but for well founded grounds that they simply enmesh NZ more and more tightly in a cobweb of transnational corporate control.

So it’s a recipe for disaster to enter into an FTA with the biggest economy in the world, headed by a Government that aggressively pushes the interests of American Big Business (there is a seamless flow between the US Government and US Big Business, as is evidenced by the trillion dollar bailout of the mega-greedy financial sector, a textbook example of socialism for the rich).

A full blown US FTA will:

  • Remove any remaining “restrictions” on foreign investment, as the US regards NZ’s (purely token) oversight regime as “discriminating” against US transnational corporations. The extraordinary spectacle of the Government grovelling to Warner Brothers last week – a textbook example of corporate welfare and feudal forelock tugging – shows what the future holds in relation to the bullyboy brinkmanship of US Big Business when dealing with NZ.
  • push up the price of medicines by potentially hundreds of millions of dollars a year by attacking Pharmac;
  • make access to digital recordings more expensive, and copying more restricted;
  • attack our GE controls and food labelling,
  • weaken our controls on food imports where they might carry diseases.

It is always presented as a means of getting NZ agricultural products into the US market. Ask Australian sugar cane growers how successful they were in getting their product into the US under the US/Australia FTA. The Americans have a simple policy when it comes to “free trade” – do as they say, not as they do. In other words, they want the world’s markets opened up to their products, while keeping their own heavily subsidised agribusiness sector fully or heavily protected from outside competitors.

Both National and Labour myopically see a US FTA as being the Holy Grail of their adherence to the cargo cult of “free trade”. It’s actually a poisoned chalice and it will be New Zealand which will be poisoned by it.

Meyer; frustrated that Britain was unable to gain much diplomatic leverage from its position as the US' chief ally

The other side of the coin is that Clinton will be asking NZ to take a bigger role in the American war in Afghanistan. Older New Zealanders will remember the infamous “guns for butter” phrase of Sir Keith Holyoake, Prime Minister during our involvement in the Vietnam War. It means sending our soldiers to fight in US wars in order to, theoretically, gain trade access. Nothing much seems to have changed in the ensuing 40 years (except now it is “guns for milk”, as the Government’s trade policy is driven by a single minded focus on serving Fonterra’s interests). Already we have troops there and the Pentagon went to great lengths recently to buy up and destroy the American book “Operation Dark Heart” which, among things, revealed the full extent of the hands on role being played in Afghanistan by NZ military and intelligence personnel. And, of course, the Waihopai spybase, an American intelligence facility in all but name, is NZ’s single most important contribution to the US warfighting machine 24/7/365.
People who kid themselves that “we” stand to gain from a Free Trade Agreement with the US would be wise to reflect on the rueful words of Sir Christopher Meyer, Britain ‘s Ambassador to the US in the runup to the 2003 US/UK invasion of Iraq. Speaking to the public Inquiry into Britain ‘s part in that invasion and war: “Meyer expressed frustration that Britain was unable to gain much diplomatic leverage from its position as the US’ chief ally. Britain failed to persuade the US to liberalise trans-Atlantic air travel and, almost on the day when British commandoes joined the fighting in Afghanistan, the US imposed tariffs on imports of specialised British steel” (Press, 28/11/09). If this is the way that the US treats its “chief ally” (or poodle, in the case of Tony Blair) when it comes to protecting its own trade and economic interests, how do you think little old NZ will get on?

CAFCA Media Release October 2nd

Posted in Uncategorized | Leave a comment

Why didn’t labour do something about foreign investment when it was in power?

If Labour’s actions on land sales to foreigners were feeble, its policies on foreign investment overall were outright criminal

The Campaign Against Foreign Foreign Control of Aotearoa (CAFCA) congratulates Labour for seeing the light and announcing  a policy that recognises the glaringly obvious fact that unrestricted foreign “investment” (meaning takeover or economic recolonisation) is a disaster and for starting to take some painfully modest steps towards rectifying that  (should it be returned to office). CAFCA would never be so cynical as to suggest that this is a classic ploy by an Opposition party sensing a vote winner and desperately trying to curry favour with public opinion, which is way ahead of the politicians on this issue.

The obvious question is – why didn’t Labour do something about foreign investment when it was in power for nine whole years? Oh, I forgot, they did – they made that foreign takeover easier. For example, this was the Government that trumpeted Shania Twain’s purchases of South Island high country stations as signaling a “smarter” kind of rural land sales to foreigners. Helen Clark made sure that she got into the photo opportunity with the singing superstar when a walking track through her hobby farm was opened.

Both Helen Clark and Goff declared the 2008 FTA with China to be the pinnacle of their trade policy

If Labour’s actions on land sales to foreigners were feeble, its policies on foreign investment overall were outright criminal. Literally days before the 1999 election which brought it to power the threshold above which official permission was required for foreign takeovers of NZ companies was increased from $10 million to $50 million. As soon as Labour was in Government CAFCA wrote to every Labour MP urging that the threshold be returned to the previous limit. Not one Minister or Labour MP had the courtesy to reply to us. And in 2005 Labour further liberalised the Overseas Investment Act – one detail was that threshold was increased from $50m to $100m (and Michael Cullen wanted it to be raised to $250m; only public opposition, including from within his own caucus, prevented that).

Phil Goff’s policy announcement says nothing about Labour’s continuing addiction to “free” trade, which goes hand in glove with unrestricted foreign investment. Indeed NZ’s Free Trade Agreements usually include an embedded investment agreement. Both Helen Clark and Goff declared the 2008 FTA with China to be the pinnacle of their trade policy. And, guess what, the investment agreement in that with regards to Chinese companies is the reason why Natural Dairy can bid for the Crafar Farms, the very same proposal which is the trigger for the current public upsurge of opposition to foreigners buying NZ land, specifically dairy farms.

Nine years of actions in Government speak louder than a few meek words in Opposition. Is Phil Goff now going to admit that he and Labour were wrong to sign that FTA and its accompanying investment agreement with China? We challenge him to declare Labour’s opposition to the Trans-Pacific Partnership currently being negotiated with a number of countries, and which he, when Labour was in power, proclaimed to be the means to effect an FTA with the US, which is held up by both National and Labour as being the Holy Grail of trade agreements. Once that is signed US agribusiness transnational corporations will vacuum up NZ dairy farms with impunity. Will Goff then be wringing his hands? Come out and admit you were wrong, Phil, and turn Labour’s back on the road to ruin and recolonalisation represented by unrestricted foreign investment and “free” trade. You will pick up a whole lot more votes as a result.

Posted in Uncategorized | Leave a comment

TPP – 21st century agreement or 19th century?

The following article appeared slightly edited in the Press on 16 June 2010, p.A21.

By Bill Rosenberg, Policy Director/Economist at the New Zealand Council of Trade Unions Te Kauae Kaimahi

A second round of negotiations towards the Transpacific Partnership Trade Agreement (TPPTA) will open next week in San Francisco.  New Zealand is one of eight parties along with the US, Australia, Singapore, Chile, Peru, Brunei and Vietnam, and others may join.
This is much more than a trade agreement. It will reach into medicine prices, our ability to regulate important services such as finance, telecommunications, and education, our right to control foreign investment, our competition rules, rights to copy music and other digital media, the international trade effects of combating climate change, how local and central government can use their buying power for economic development purposes, and much more.
The Obama administration has put significant emphasis on this agreement, and has stated it wants it to “set the standard for 21st-century trade agreements”.  It wants it expanded to include China, Japan, South Korea, Taiwan and other major Pacific economies.
In New Zealand it is sold as opening the US market to our agricultural produce, despite well engraved writing on the wall that any additional access will be bitterly fought, and if it comes will be at a glacial pace. By the time additional access is a reality, producers from many other countries would be competing for the same market.
This emphasis on opening markets with inadequate consideration as to the domestic effects of such agreements in weakening our ability to shape our own society and economy is distinctly 19th rather than 21st century. The globalisation of the 19th century ended with the First World War. The globalisation since the 1980s produced lower growth rates and repeated financial crises.
Prominent Harvard economist Dani Rodrik says he has an “impossibility theorem” for the global economy: “democracy, national sovereignty and global economic integration are mutually incompatible: we can combine any two of the three, but never have all three simultaneously and in full”.
Our trade and investment agreements have ignored this incompatibility in favour of increasingly intense global economic integration, resulting in the wilting of our national sovereignty – our ability to make rules that would assist our development. Our democracy has weakened as a result: we still elect governments, but they are increasingly powerless to change the rules.
So what might a truly 21st century agreement look like – one which learns the lessons of the past?
First, open up the process of negotiation. This agreement will be more important than much of the legislation that goes through Parliament, yet it is negotiated behind closed doors with no opportunity for public scrutiny of proposals until the deal is signed, when it is too late. Let the citizens of the eight nations see the negotiating texts as they develop, and open them to debate.
Learn the lessons of the global financial crisis. It grew from high risk financial practices, and was spread rapidly round the world due to the absence of international financial regulation. It’s time to build new agreements in which nations cooperate in managing international financial movements, tax international financial transactions and regulate financial practices which are a danger to the health and safety of our economies. Instead, the financial rules being proposed give banks and other financial corporations the right to sell risky products, increasing international borrowing and trade risky instruments overseas with only limited protection for our financial system and economy.
“21st century” agreements should respect people’s need for affordable health care, and to organise their health services the way they choose. Instead, the vital work Pharmac does to force down monopolist prices charged for medicines is under attack from big US pharmaceutical corporations who want to use the TPPTA agreement to allow them to charge whatever the market will bear.
Many New Zealanders have been concerned at the control of strategic assets and land by overseas interests. A forward-looking international agreement should enhance our ability to select the investment we think is best for our needs. Instead the US has made clear its corporations dislike even our feeble foreign investment rules, and want the right to sue the government for damages before secretive international panels.
Such disputes have led to the award of hundreds of millions of dollars against governments which took action to protect the environment or to reverse privatisations which went wrong. In a current case, tobacco multinational, Philip Morris, is suing the Uruguay government to prevent it taking stronger anti-smoking measures.
International agreements have for decades been a recognised way to improve the rights of people at work. This one should be no exception.
If the TPPTA is genuinely there to improve people’s wellbeing it will ensure that core international labour rights conventions are just as enforceable as trade access and bad labour practices are not used as silent trade subsidies. Instead previous agreements have sidelined labour rights, while workers lose from the endless restructuring forced by globalisation, many seeing their high paid skilled job being replaced by a low paid, insecure one.
Similarly, international agreements are essential to protect our environment: many environmental threats require global solutions. Climate change is one, and controls on emissions can be undermined by trade with countries which have lower standards. The TPPTA should allow us to ensure our environment and our contribution to avoiding climate change are not undermined by trade. But the TPPTA countries all have very different approaches – in climate change, some have as yet done nothing. Protecting the environment should be an enforceable part of any agreement.
For the first time, the peak union bodies of most of the countries involved are cooperating in order to act on their concerns at the likely direction of the TPPTA. They have issued a declaration outlining their concerns, which include the above and many more.
Will the TPPTA be truly a 21st century agreement – or just more of the same?

Posted in Uncategorized | Tagged , | Leave a comment

New website launched to promote debate on Trans Pacific partnership negotiations

A new website, Trans-Pacific Partnership Digest, has been launched to provide a comprehensive data base of material on the negotiations for a Trans-Pacific Partnership Agreement involving New Zealand and seven other countries (the US, Australia, Brunei Darussalam, Chile, Peru, Singapore and Vietnam).
The second round of negotiations will take place in San Francisco next week. The website resource is part of a larger research project to identify and critically evaluate the potential implications of the agreement. It is led by Professor Jane Kelsey and has been supported by a grant from the School of Law at the University of Auckland.
Whatever one¹s views about the TPP, there has been far too little informed public debate about the rationale, potential content and ramifications, said Professor Kelsey.
This website aims to make information and opinion from all perspectives easily accessible to politicians, journalists, academics and students, activists, community groups, the business sector and interested people generally, and to stimulate critical debate.
The Digest is located at http://p4tpp.dyndns.org/

Posted in Uncategorized | Tagged , , , | Leave a comment

Thinking the Unthinkable: Could America Repeal NAFTA?

Four congressmen have now moved a bill to repeal NAFTA. Superficially, this means little, as passage of this bill is unlikely in the near future. But more fundamentally, it means a lot because, unbeknownst to most Americans inside and outside the Washington Beltway, free trade is inexorably losing its base of support on Capitol Hill.

This means, for a start, that President Obama’s recent brave-faced pledge to move forward with his proposed Trans-Pacific Partnership (interestingly, the dread phrase “free trade agreement” has been carefully left out of the name) is quite likely dead on arrival. Obama himself may know this and may have staged this gesture simply to placate foreign nations and domestic corporate interests.

Read full article at:

http://www.truthout.org/thinking-unthinkable-could-america-repeal-nafta58717

Posted in Uncategorized | Leave a comment