Civil Society Participation Under DR-CAFTA Sofia Plagakis Center for International Environmental Law

Overview There has been an absence of broad consultation with key stakeholders during the negotiations and since the agreement was signed. The absence of stakeholder participation during the negotiations led to policies that would harm U.S. and Central American citizens by offsetting efforts to advance transparency and democratic governance.

Civil Society’s Participation Concerns during the DR-CAFTA Negotiations Timeline Access to Text Public Outreach Legislative Debate Input and feedback in the United States

Input and Feedback in the United States

Fast-Track Authority The Trade Act of 2002 (also called the U.S. Trade Promotion Authority Act) grants the U.S. president the authority to negotiate trade agreements with other countries. Grants Congress the approval to vote up or down on the agreement (yes or no); Does NOT permit Congress to amend the agreement. Limits floor debate to 20 hours in each house.

Civil Society’s Efforts to Increase Public Awareness

24 November 2003 San Jose, Costa Rica

March 2005 Guatemala City, Guatemala

Public Participation Provisions: The Public Submissions Process

DR-CAFTA and NAFTA’s NAAEC: Comparison of the Public Submission Processes The Public Submissions Process in DR-CAFTA is in the core text of the agreement; In NAFTA, it is in the side agreement. In DR-CAFTA, the Secretariat will prepare a ‘Factual Record’ of the public submission case on request of any single member of the Council; In NAFTA, the ‘Factual Record’ is made publicly available by a 2/3 vote. There are provisions in DR-CAFTA for following through on the ‘factual record’ findings. There are no such provisions in NAFTA.

Concerns with the DR-CAFTA Public Submissions Process It fails to provide any clear outcomes or actions to ensure that citizens can enforce environmental laws. There is a double standard, which deprives U.S. citizens from submitting complaints. The text contains legally ambiguous language. The Secretariat charged with oversight of citizen submissions is an economic institution with no expertise in environmental policy. La Secretaria de Integracion Economica Centroamerica (SIECA).

Conclusion “…free trade is about freedom, and a U.S. Central America FTA will further strengthen nascent democracies and economic reforms through basic building blocks for long-term development, such as…open and transparent governance.” Department of U.S. Trade Timely exchange of information between governments and civil society must be improved. Measures need to be taken to ensure that stakeholders can make informed decisions about the potential risks and opportunities involved in a free trade agreement.