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ACP-EU NEGOTIATING MANDATE

Yash Tandon

The broader context of the negotiations

In order to understand the currently ongoing ACP-EU negotiations, we have to put them under the broader context of globalisation. 

Globalization is presented to peoples and governments in the third world not only as inevitable but also as a positive force.  It is inevitable in a sense, yes, because it is part of the movement of history itself.  If nothing else, then the very rapid growth of telecommunications and the information technology is itself a powerful force for contracting space and time dimensions of globality.  In that technical sense, then, globalisation is indeed inevitable. Whether globalisation in its political and economic forms is also inevitable and whether it is also, at the same time, a positive force for the third world is a much more controversial proposition.  We would contend that, on balance, it is not. Globalisation and its quint-essential economic manifestation, namely libralisation, is taking place in the present historical conjuncture as an extension of the power of corporate capital the world over, and it is this aspect of globalisation that constitutes a negative force for much of the third world. The effects of globalisation so far has been to increase the gaps between and within nations.  This is a fact repeatedly documented even by the World Bank and United Nations institutions. 

Of course, it is not necessary that globalisation should take the form of capital led liberalisation, but for an alternative form of globalisation to take place requires a fundamental transformation of the production system of the world and the global power dynamics that underly the system.

But that is another world. 

For now we need to entertain no illusions about the fact that  the ACP-EU future relations are being negotiated in the context of capital led globalisation.  It is  a context of intensified competition between nations for world’s markets and resources driven primarily by the profit motive of global corporations.   In this framework of negotiations, even big states such as the USA are driven largely at the behest of their corporations in search for markets and control over resources.  It is important to emphasise this point because the manner in which the ACP countries are engaged in these negotiations gives one the feeling, in general, that they think the EU countries owe them their bread.  They conduct themselves like supplicants rather than as hard-headed negotiators.  In other words, the ACP countries have not taken seriously the changed environment of international discourse.  The EU negotiators, in this new environment, understand only well-prepared briefs from ACP countries in which they can haggle over every minute concession, much as market women in Africa bargain over the prices of what they buy and sell.  May be it is better that ACP should send their market women to bargain with the EU instead of  their mild-mannered, soft-speaking politicians and diplomats who arrive on the bargaining table ill-prepared both in their briefs and in their temperament.

Collaboration and Competition between US, EU and Japan

A second aspect of these negotiations that must be kept at the back of our minds is that Europe, too, is faced with constraints of its own. They too have little choice but to drive as hard a bargain out of ACP countries as they can.  It is, after all, a competitive world.  Europe is caught up in competition with the United States and Japan for control of the same finite resources and markets of the world. For example, the US Congress passed the “Africa Trade and Opportunities” bill in 1998 partly to break European colonial ties in Africa. Thirty-eight European conglomerates presently control three quarters of African natural resources and developed assets, and this has to change if the US is to gain a strategic foothold in Africa.  The EU-Africa negotiations under Lome 2000 must be seen against this background of inter-imperialist rivlary for Africa’s resources and markets.

In this context, however, it is important to remember that whilst the developed countries compete against one another, they are united in defending a system that works in favour of them collectively.  They have regular meetings, officially as G7 and in other bodies such as at Davos in Switzerland, to concert on managing the global system so that dissident elements that challenge or disturb the system are kept in check

Here are a few examples of how the developed countries act in concert vis a vis the third world.

1) General Assembly Resolution 52/136: Development as part of Human Rights.  The developing countries asked for the end of politicisation of Human Rights.  The North voted against the Resolution. The EU proposed deletion of 7 important  paragraphs dealing with development aid.

2) The negotiations leading to Uruguay Round and the formation of the World Trade Organisation (WTO).  The third world countries were largely excluded from the process of the 8-year negotiations between the USA, Europe and Japan, and then were asked to join the system more or less on a take it or leave it basis.

3) At the Singapore Meeting of  the WTO in November 1996 matters of concern to the third world were excluded from the agenda, and the OECD countries, led by the USA, pushed issues of importance to them such as telecommunications, labour standards, and the multilateral agreement on investments (MAI).

4) At the Geneva  meeting of WTO in May 1998, the OECD, once again led by the USA, succeeded in getting a declaration passed on electronic commerce without consultation with the countries of the South.

5) The OECD countries are pushing for the MAI  which would involve the opening up of developing countries to free flow of capital without them having the power, or the right, to regulate it.

6) In the on-going negotiations on services, the developing countries are being forced to give up the "economic needs test” to control the entry of banks, insurance companies, security companies and other such services into their countries.

7) The developed countries hold a more or less common position on anti-dumping which they present as a safeguard measure, whereas in reality, in many cases, it is a protectionist measure they take against the so-called “cheap” imports from the third world.

What Does Europe want to get out of Lome 2000

It wants two things.  First as part of the global imperial system, it wants the ACP countries to fall in line with the whole process of globalisation.  Second, it wants to pursue its own agenda in relation to the ACP countries, and increase its own advantages in these countries in rivalry with US and Japan.

As part of the global imperial system, Europe has the following mandate in its negotiations with ACP countries.

One, it wants the ACP to be part of the WTO-compatible regime of trade.  In particular, it wants, among other things:

a)      The removal of preferences for ACP countries in favour of full reciprocity. This is the famous "levelling the playing field" concept which the third world regard as unfair because it puts on equal footing unequal partners.  Lome was based on recognising this inequality. By the end of  the year 2000, the GSP system under Lome will end.

b)      The application of the WTO sanctions machinery which is extremely onerous for developing countries because of asymmetrical power relations between them.

c)      The application of  Trade-Related Intellectual Property Rights (TRIPS) and Trade-Related Investment Measures (TRIMs) which have the combined effect of denying a transfer of technology to the third world, and the monopolisation of technology control by the multinationals, as well as other consequences detrimental to the development of their economies.

Two, it wants  to  strengthen the watchdog role of  the IMF over ACP economies.  Over the last thirty months, since specifically the financial crisis in Mexico in early 1996,  third world economies are reeling under attacks on their currencies by speculative capital.  The meltdown of East Asian economies, until recently held as models of development, is part of this scenario.  The Asian crisis is now creating depressant effects on the economies of the developed countries too as part of the globalising forces.  The G7 countries are engaged in restructuring the system in order to regulate it so that these crises do not repeat, and part of this arrangement would involve a stricter monitoring of the financial and banking policies and institutions in the South.  Europe will play the role of negotiating such a regime in relation to the ACP countries.

Three, Europe wants to push for acceptance by the ACP countries of MAI whose principal aspects are: the free flow and protection of private capital; “national treatment” for foreign capital so that they have equal, or better, facilities in third world economies; generous terms for the repatriation of profits;  and privatisation of state owned assets in the third world. Practically speaking, MAI lays down the basis for handing over third world economies to corporate capital control of western monopolies.

Four, it wants to secure standardization of political values and their enforcement on ACP countries.  Such concerns as human rights, labour standards, environment standards, good governance, rule of law, efficient public service, etc. – all “good” values in themselves – are becoming the means to further control the third world.  They are now routine conditionalities in the development policies of OECD countries.  As the EU’s  “Blueprint for ACP-EU Relationship to the 21st Century”, February 1998,  says: "Political dialogue will be the watchword in new partnership" (p.9)  The third world has tried to resist the politicisation of these values, and above all, them being used as trade barriers and as excuses for sanctions against them.  But because of the financial and military muscle of the industrialised countries, the third world is fighting a losing battle here.

Five, Europe wants to strengthen action against drug trafficking, corruption, terrorism and illegal immigration.  These are some of the backlash manifestations of increasing immiserisation of the peoples of the third world in their desparate struggle for survival.  The developed countries are building corridors of safety for themselves not by opening up the doors to immigration or by improving the economies of the third world but by military and semi-military means of keeping out and punishing the poor and the desparate of the third world.

These are the five essential services that Europe will perform on behalf of the global imperial system in its negotiations with the ACP countries.

 However, as indicated earlier, Europe is also in competition with US and Japan for global markets and resources, and so it has its own agenda as distinct from it acting as part of the imperial system.   Europe needs to strengthen its hold over former ACP countries in rivalry with US and Japan.  The latest document of the EU lays put the following general strategy to achieve this objective.

The eventual basis of the relationship between EU and the ACP countries is to be within the framework of separate Free Trade Agreements (FTAs) with each of the three regions -- Africa, Caribbean and the Pacific.  An FTA, one may recall, is an agreement where internal tariffs within the Agreement countries are removed, but each country can levy its own tariff on third countries.  (A Common Market, by contrast, is an arrangement where internal tariffs are removed between the countries and then they have a common external tariff).  One effect of this would be that whilst Europe will enjoy lower tariffs in all the former ACP countries, the latter could impose differential tariffs vis a vis one another.

The second pillar of the EU strategy is to negotiate a FTA with South Africa  under the new globalised WTO framework, and then use this as a model to negotiate with other countries/regions. It may be recalled that the EU refused South Africa's request to become a full member of  Lome on the grounds, among others, that South Africa is a "developed" country according to WTO classification.  If SA were to negotiate within the Lome framework, it would have been entitled to preferential,  i.e. non-reciprocity, treatment.  The denial of Lome-type preferential treatment is the new basis under which Europe wants to relate to the rest of the ACP countries.  The EU and SA are already negotiating an FTA with a view to creating a duty free area covering "substantially all trade" within say next 10 - 12 years.  Another significant aspect of these negotiations is the language in which the agreement is to be defined.  Unlike the Lome agreement characterised by a patronising tone, the FTA with SA would be strictly business-like in tone, strictly contractual.  This is also an interesting departure from past practice and reflects the new post-Uruguay trade environment.

The third pillar of  the new relationship consist of  the transitional measures that are to be put in place before full FTAs are in operation.  These include:

-         introduction, by stages, of  reciprocity in trade relations;

-         waiver under Article IX of WTO Agreement to first five years after year 2000;

-         beyond market access, improve conditions of development of trade and private investment

-         compensation for fluctuations in earnings for basic products;

-         return of illegal immigrants to countries of origin

-         decentralised cooperation with NGOs, churches, local authorities, etc.  without going             through state monitoring;

-         EU funds to shift from individual projects to macro-economic sectoral policy reforms.

The time table envisaged by EU for the various stages is the following:

1998 - 2000 Negotiations of Framework Agreements

2000 - 20005 Negotiations of Regional Economic Partnership Agreements

2005 + Implementation of Regional Agreements

Forward strategy for Africa

This must be addressed at two levels:

A) What do African Governments want?

B) What should African Civil Societies demand?

What African Governments want

At Libreville in Gabon, the African members of the ACP laid out their main objectives.

These, principally, are:

1)      African countries want Lome 2000 to help them to integrate their economies  into the global economy. "We consider competitiveness as path to Africa's salvation; hence we should aim to integrate our economies into global economy" (p.11)

2)      They endorse the reigning orthodoxy that the private sector is the engine of growth.

3)      They will seek transitional waivers on application of WTO rules to trade preferences.

The position Civil Society should take

1.      First, it is important that they make a careful study of the contemporary period.  What are the forces behind the process of globalisation, how does the EU-ACP negotiations fit into this process, and what is lost and gained in the process of integration into the global agenda?  In other words,  African civil societies should not take for granted, as their governments appear to be doing, that integration into the global agenda of the West is both inevitable and unproblematic.

2.      Secondly, they should study the EU strategy carefully and critically.

3.      Thirdly, they should make a critique of African official line along at least the following lines:

·        Africa does not have to accept integration into global economy under terms set by the EU - WTO

·        Africa must reject the orthodoxy that growth comes from foreign capital or from the private sector.  It should learn that growth comes primarily from Africa’s natural resources, and the labour and skills of African people.

·        In any case, growth is not the ultimate goal.  The ultimate goal is social welfare. African civil society should present an alternative development scenario that is based, first and foremost, on satisfying the basic needs of the people, and not, as now, on satisfying the World Bank and donor-based strategies of export promotion.

4.  Fourthly, However, while making a critique of official line, civil society should support their governments:

·        to get firm commitments from EU on maintaining existing trade preferences

·        to extend the time horizons for transitional measures beyond 2005

·        to extend the period of  phased introduction of "elements of reciprocity"

5.      Finally, African civil society should go beyond the official line:

·        to oppose MAI - delink it from Lome 2000 negotiations

·        to oppose the linking of the issues of human rights and labour standards with trade

·        to negotiate for better terms of trade between Africa’s exports and its imports

·        to commission African academics to carry out a study of the impact of loss of preferences (scheduled to disppear in 10-20 years) on African economies

·        to take a very critical look at the Regionalist perspective of FTAs presented by the EU

·        to take into account different levels of development of each country within each region

·        to reject EU's formula of treating LDCs within the region as part of the FTA. For example, treating  LDCs such as Swaziland and Lesotho as “developed” countries within the definition of an FTA between SA and the EU would be highly unfair to the two LDCs, and would constitute a (further) divisive issue within the South African Customs Union.

·        to insist that the timing of integration within each region should be determined by indigenous processes in each region and not dictated by EU's time-table

·        to address the issue of subsidies and tariffs within the region before moving towards free trade agreements with the EU (a premature agreement with the EU will lead to a situation that southern Africa is already facing today, for example in the dumping of European subsidized beef on the South African market at the cost of producers in Botswana).

·        to carefully monitor South Africa’s negotiations with EU  which are presently shrouded by a veil of secrecy.

Conclusion

Africa should not present itself as supplicants to EU as its Governments appear to be doing.  Yes, we need European markets, but so does Europe need our markets and resources.  Let us not sell our resources cheaply.  And let us take the attitude that China does towards WTO.  They want to join WTO, but not under any terms. We want to trade with Europe but not under any terms.

References:

EU Documents:

1.      Green paper, November, 1996

2.      Guidelines, October, 1997

3.      EC's Recommendations to Council to Negotiate Partnership Agreement with ACP. Blueprint for ACP-EU Relationship to the 21st Century, February 1998

ACP-Africa Documents:

1.      Africa's Contribution to ACP Summit on ACP-EU Future Relations, Libreville, Gabon, November 7, 1997

2.      Road Map for Effecting Participation of African Countries in Approaching WTO Negotiations, OAU. EDECO/TD/11/1998, May 98

3.      Declaration of ACP NGOs on ACP-EU Relations in 21st Century, Uganda, October 1997


            
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