[A2k] Views of Civil Society on USTR Review of Trade-Related Transparency Policies
Thiru Balasubramaniam
thiru@keionline.org
Fri Mar 27 10:40:13 2009
http://www.keionline.org/blogs/2009/03/26/views-of-civil-society-on-ustr-re=
view-of-trade-related-transparency-policies/
Views of Civil Society on USTR Review of Trade-Related Transparency
Policies
By Malini Aisola, on March 26th, 2009
As mentioned in an earlier KEI blog, on Thursday, March 19, a group of
public interest groups met with the Obama administration=92s trade
officials. As a result of this meeting, USTR has promised to review
its policies on transparency and invited groups to submit concrete
proposals for evaluation. Further, these proposals are to be discussed
as part of the review process in a follow up meeting next month.
Proposed areas of discussion include:
* Disclosure of communications with foreign governments to the
public
* Disclosure of information about meetings such as participant
lists and meeting agendas
* Organized release of information to the public regarding
contact with the private sector
* Accreditation process for NGOs to participate as advisors/
observers in meetings, including plurilateral, regional and bilateral
negotiations
* Stakeholders represented on USTR advisory boards as cleared
advisors
* Consulting with civil society on trade policy
* Transparency in the Special 301 process including a framework
for NGOs and countries to respond to industry submissions to the 301
list and setting norms defining the basis for decision-making
The same day, Attorney General Holder issued new FOIA guidelines
reinforcing President Obama=92s commitment to openness and transparency
in government. The new guidelines instruct all executive departments
and agencies to operate under a Presumption of Openness- =93=85an agency
should not withhold information simply because it may do so legally.=94
The memorandum also states that =93Each agency must be fully accountable
for its administration of the FOIA=94 and in dealing with FOIA requests
=93=85agencies should readily and systematically post information online
in advance of any public request=85When information not previously
disclosed is requested, agencies should make it a priority to respond
in a timely manner.=94
The new FOIA guidelines recognize the principles supported in general
by civil society that transparency should be maintained for all
government processes. Trade and international policy are areas that
affect citizens far more than generally acknowledged. The promise of
a review of USTR policy is a welcome start that will hopefully create
an opportunity for greater public participation.
Below are comments from several groups on the proposed review of
USTR=92s policy on transparency:
American Library Association and the Association of Research Libraries:
=93We are encouraged by the new Administration=92s commitment to
review the transparency at the Office of the US Trade Representative.
We suggest that USTR also establish a formal civil society advisory
committee with equal statute to the various industry trade advisory
committees. This will ensure that civil society representatives have
the opportunity to provide USTR with timely comments on proposals.=94
David Sohn, Center for Democracy and Technology (CDT):
=93CDT welcomes USTR=92s reported commitment to review its
transparency policies. It has been apparent for some time that USTR=92s
ACTA negotiations in particular are not sufficiently transparent to
ensure that the full range interests affected by the proposed
agreement are adequately heard and considered. Hopefully USTR now
recognizes that this kind of lack of transparency simply cannot be
squared with the openness principles the Obama Administration adopted
and publicly embraced immediately upon taking office.=94
Ed Mierzwinski, U.S. PIRG:
=93U.S. PIRG believes the first step toward government
accountability is government transparency. We are encouraged by this
important first step by the Obama Administration to shine light on
trade policy negotiations long-hidden from civil society.=94
Eddan Katz, Electronic Frontier Foundation (EFF):
=93At this moment of global economic transition, the newly
appointed US Trade Representative is wise to explore opening up the
narrow circle of multi-national corporate consultants who exercised
disproportionate influence over US trade policy under the previous
administration. Introducing meaningful transparency and participation
from other economic sectors in the development of US trade policy will
leverage a broader cross-section of American innovation and creativity
in order to maintain our competitive advantage in the global knowledge
economy. In his first week, US Trade Representative Ron Kirk has
already shown indications that his commitments to transparency and
public debate will be consistent with the vision of effective and
accountable government laid out by President Obama and Attorney
General Eric Holder. EFF looks forward to seeing the results of the
new commitment to transparency in USTR=92s disposition of material
relating to the proposed Anti-Counterfeiting Trade Agreement (ACTA),
which is the subject of pending Freedom of Information Act litigation
between EFF and USTR.=94
Ellen Shaffer, CPATH:
=93CPATH would welcome greater transparency in trade negotiations,
and the proposed review of transparency policy is a good beginning.
CPATH is committed to gaining public health representation on trade
advisory committees, which currently operate largely in secret and
without participation by the public. There must be an effective voice
for public health in trade policy, fair reporting from advisory
committee meetings, and public responses from Congress and the
Administration to public health recommendations.=94
James Love, Knowledge Ecology International (KEI):
=93The benefits of transparency are obvious to outsiders and
minimized by insiders. Trade officials have to learn to see the world
through the eyes of outsiders, to understand why this important. The
review is a very welcome first step.=94
Jean Halloran, Consumers Union:
=93This is an extremely positive development=96long overdue, and very
welcome. I hope they can continue to look towards Codex as a living
breathing working model of open international negotiation.=94
Judit Rius Sanjuan, Knowledge Ecology International (KEI):
=93If Obama trade officials follow through, it will make the
government more accountable, give the public a greater voice, and
connect policy with campaign promises.
Lawrence Lessig, Stanford University:
=93I am cautiously optimistic.=94
Robert Weissman, Essential Action:
=93The commitment by the Obama USTR to review the secrecy that has
surrounded US trade-policymaking is a very hopeful sign that we may
enter a new era of openness in trade policymaking. Such openness would
mean that citizens have the same ability to track, comment on, and
attempt to influence policies-in-the-making as corporate insiders.=94
Sherwin Siy, Public Knowledge (PK):
=93We are very encouraged by the USTR=92s expression of commitment to
increased transparency. As Attorney General Holder=92s recent memorandum
on FOIA indicates, information should not be withheld merely because
it can be. There must be a compelling reason =96beyond a mere deference
to habit or protocol=96to hide the workings of government from the
public, especially when it comes to agreements that can have such
significant impacts on the law and policy that governs the flow of
knowledge and information. We hope that these initial steps will lead
to real improvements in the role the general public can play in its
government=92s policies.=94
Winston Tabb, Johns Hopkins University:
=93This sounds encouraging. If the trade officials follow through
on these pledges, the Administration will do a lot to restore our hope
and their credibility, which were beginning to flag.=94
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Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International (KEI)
thiru@keionline.org
Tel: +41 22 791 6727
Mobile: +41 76 508 0997