CETA’s specter of corporate dictatorship still haunts Canada, EU

The most tepid of blows for democracy was struck this week when the president of the European Commission, Jean-Claude Juncker, reversed himself and declared that the parliaments of the EU member states will vote on the “free trade” deal with Canada after all. Only a week earlier, President Juncker had dismissed the idea of any democratic input, insisting that the deal would be unilaterally approved by EU ministers.

The earlier intended diktat was no aberration, and the hasty reversal is much more a cosmetic exercise in public relations than a new-found respect for public opinion. The public has been excluded from the Comprehensive Economic and Trade Agreement (CETA) between Canada and the European Union from the start. There are reasons for that, centering on CETA being indistinguishable from the various “free trade” deals under way and, like the Trans-Pacific Partnership, one that goes beyond even the North American Free Trade Agreement.

President Juncker first said on June 28 that there was no need for ratification by European parliaments — although he graciously conceded that EU governments  could “scrutinize” the CETA text. The problem, he said, was that “allowing national parliaments to have a say in the agreement will paralyze the process and put the bloc’s credibility at stake,” reported Deutsche Welle. Well, we can’t have messy democracy get in the way of corporate wish lists, can we?

Ottawa from the McKenzie Bridge (photo by Siqbal)

Ottawa from the McKenzie Bridge (photo by Siqbal)

Deutsche Welle reported on July 5 that Germany and France had insisted parliamentary votes be taken, with the German economy minister, Sigmar Gabriel, saying publicly that President Juncker’s comment was “incredibly stupid” and “would stoke opposition to other free trade deals.” No opposition to CETA here; merely discomfort that the lack of democracy had become too blatant. So it would be unrealistic to expect the Bundestag or any other parliamentary body to vote in the interest of their citizens without much more popular pressure being applied.

On the other side of the Atlantic, the Canadian government is putting a happy face on what will be a longer process than expected, saying the European reversal was “expected.” International Trade Minister Chrystia Freeland has has gone so far as to declare CETA a “gold-plated trade deal.” The government of Prime Minister Justin Trudeau has followed a path very similar to that of U.S. President Barack Obama, quickly making a couple of easy gestures, such as installing a gender-equal cabinet, but allowing almost all of Stephen Harper’s draconian laws to stay in place. Pushing for CETA’s passage, despite its being negotiated in secret by the Harper régime, is consistent with that path.

Consultation process is window-dressing

The European Commission’s antipathy to democracy is also par for the course. The EU trade office, the European Commission Directorate General for Trade, set up a process of public consultation, but seems to have not paid any attention to it. A spokesman for the watchdog group Corporate Europe Observatory said of this window-dressing “consultation”:

“The Commission is not really serious about its own consultation. It’s more about image than substance. … I think those who chose to respond to the Commission’s consultation are being ridiculed.”

The “consultation” that counted during negotiations was that of multi-national corporations. As is standard with “free trade” agreements, laws and regulations that protect health, workplace standards and the environment will be considered barriers to trade, and ordered removed by secret tribunals with no accountability. Here again we have a farce. Following the conclusion of CETA negotiations, the German and French governments wanted changes made to the investor-state dispute settlement mechanism that enables corporations to challenge governments (but not the other way around).

Grand Place, Brussels (photo by Wouter Hagens)

Grand Place, Brussels (photo by Wouter Hagens)

Did Berlin and Paris suddenly decide that ceding their sovereignty to secret tribunals, in which corporate lawyers who specialize in representing multi-national corporations sit in judgment, was maybe a bad idea? Not really. This was, like the entire process, a public relations problem. So instead of the traditional three-member tribunal picked from a roster created by an established corporate-aligned arbitration body, as is the case with complaints filed under NAFTA rules, CETA would have its own 15-member permanent tribunal. And, as an added bonus, there will even be an appeals tribunal. But who will sit on these two bodies? None other than the same corporate lawyers who would otherwise hear such cases.

Here’s the relevant passage, buried deep in the CETA text, at Article 8.26:

“The Members of the Tribunal … shall have demonstrated expertise in public international law. It is desirable that they have expertise in particular, in international investment law, in international trade law and the resolution of disputes arising under international investment or international trade agreements.”

Building on NAFTA’s anti-democratic principles

No different from the qualifications deemed necessary in existing “free trade” agreements or those proposed in the Trans-Pacific and Transatlantic partnerships. The wording guarantees that corporate lawyers or academics who specialize in existing tribunals and who have adopted the mindsets of their clients will adjudicate these decisions — in other words, a steady stream of decisions elevating the right of a corporation to make the maximum possible profit above all other human considerations. This dynamic has to led to NAFTA becoming a lose-lose-lose proposition for working people in Canada, the U.S. and Mexico, and CETA will accelerate this trend.

A report on the ramifications of CETA, prepared by Maude Barlow, says:

“With CETA and TTIP, for the first time, subnational governments (municipalities, provinces and states) will be subject to local procurement commitments that bar them from favouring local companies and local economic development. According to an analysis from the Canadian Centre for Policy Alternatives, this will substantially restrict the vast majority of local governments in North America and Europe from using public spending as a catalyst for achieving other societal goals — from creating good jobs, to supporting local farmers, to addressing the climate crisis.”

Regulations would be “harmonized,” meaning reduced to the lowest level of protection that can be found, and likely lower than that. Ms. Barlow writes:

“CETA commits to a process whereby any differences in regulations between Europe and Canada, be they labour rights, environmental protection standards, food safety rules or tax laws, could be considered an obstacle to trade and suppressed. Both parties agree to share information of contemplated or proposed future regulations with one another even before they share them with their own elected parliaments in order to ensure they are not trade distorting. That means the other party could make changes to a piece of legislation before it has been seen by its own elected officials or the public.”

Pressure will be brought to bear to privatize water systems and other public utilities, and pharmaceutical prices for Canadians will rise significantly — costing as much as C$1.6 billion per year. As is customary with “free trade” agreements, there are no limitations on who or what constitutes an “investor.” The rights of corporations are delineated over hundreds of pages, but the chapters that deal with labor, health, safety and environmental standards use the usual provisional language. For example, in Chapter 21.7, “The Parties endeavour to cooperate and to share information on a voluntary basis in the area of non-food product safety.” When it comes to corporate demands, however, “must” and “shall” are the words used.

CETA, like its cousins TTP and TTIP, would cement into place the right of multi-national corporations to dictate to governments without any democratic input. This would be irreversible. Worse, the approval of CETA would provide fresh momentum for TPP and TTIP. We have no time to waste.

Brexit will only count if everybody leaves the EU

Britain can leave the European Union, but it would remain just as tied to capitalist markets as before. The decision to leave the EU is not a decision to leave the world capitalist system, or even disengage from Europe, and thus is not a decision that will lead to any additional “independence” or “sovereignty” outside of proponents’ imaginations.

What has been unleashed is the nationalism and xenophobia of right-wing “populism” — those on the Left celebrating a blow against elites might pause for thought. Yes, voting in defiance of what elites told them to do played its part in favor of a British exit from the EU, but nationalism, scapegoating of immigrants, and convincing people at the mercy of corporate power that less regulation is in their interest were dominant.

It is the far Right that been given a shot in the arm from Brexit — from the National Front in France and the Party for Freedom in the Netherlands to the United Kingdom Independence Party (UKIP) and the hard right within the Conservative Party. The Labour Party’s Blairites have also been emboldened, as the parliamentary coup against Jeremy Corbyn illustrates.

Sunset near Tromsø, Norway (photo by Moyan Brenn)

Sunset near Tromsø, Norway (photo by Moyan Brenn)

By no means is the above survey meant as any defense of the EU. It is a neoliberal project from top to bottom, an anti-democratic exercise in raw corporate power to strip Europeans of the gains and protections hard won over two generations. The EU has a similar function to the North American Free Trade Agreement on the other side of the Atlantic. European capitalists desire the ability to challenge the United States for economic supremacy, but cannot do so without the combined clout of a united continent. This wish underlies the anti-democratic push to steadily tighten the EU, including mandatory national budget benchmarks that require cutting social safety nets and forcing policies designed to break down solidarity among wage earners across borders by imposing harsher competition through imposed austerity.

So we should be celebrating anything that weakens the EU, yes? Perhaps. If this were the first blow to a visibly crumbling edifice, then surely yes. If there were a continental Left with a clear alternative vision to corporate globalization, then emphatically yes. But neither of these conditions are in force, so a more cautious response is called for. What is really needed is the destruction of the EU, for all countries to leave it, not only one.

Britain leaving by itself will lead to far less of a change than Brexit proponents hope, and not necessarily for the better. This is so because the conditions of capitalist competition will remain untouched.

Norway and Switzerland are out but are really in

Brexit proponents point to Norway and Switzerland as models of countries outside the EU but which retain trading access. But what those countries have is the responsibilities of EU membership without having any say.

Norway has the closer relationship of the two. Norway (along with Iceland and the micro-state of Lichtenstein) is part of the European Economic Area, essentially an agreement tightly binding those three countries to the EU. The EEA has been described as a “transmission belt” whereby the EU ensures that the EEA countries adopt EU laws as the price for being a part of the “free trade” area of the EU. That is a one-way transmission. Norway has no say in the creation of any EU laws and regulations.

The EEA treaty calls for Norwegian consultation, but Norway is not represented in any EU body. The agreement allows Norway to “suspend” any EU law that is disliked, but Norway has done so only once. By contrast, Norway’s parliament has approved EU legislation 287 times, most of them unanimously. This loss of sovereignty does not seem to be an issue for Norway’s political leaders. A 2012 Norwegian review of EEA membership concludes:

“This raises democratic problems. Norway is not represented in decision-making processes that have direct consequences for Norway, and neither do we have any significant influence on them. … [O]ur form of association with the EU dampens political engagement and debate in Norway and makes it difficult to monitor the government and hold it accountable for its European policy.”

The chair of the review committee noted that “There is no upside for Norwegian politicians to engage in European policy. … Because politicians are not interested in European policies, the media are not interested, and lack of media interest reinforces the lack of politicians’ interest.”

The minister of European Affairs in the current Conservative Party-led Norwegian government, Elisabeth Aspaker, confirms government ease with adaptation to EU law. Norway, in fact, has committed to voluntarily contribute €2.8 billion in aid to poorer EU countries for the period 2014 to 2021. In an interview with EurActiv, Minister Aspaker said:

“[W]e believe this is in our interest to improve social and economic cohesion in Europe. If Europe is doing well, Norway will also be doing well. If Europe is doing poorly or is destabilised, this will have a negative impact on Norway and the Norwegian economy. So this is why we believe we should involve ourselves beyond what is required under the EEA agreement.”

Switzerland has a separate agreement with the EU that is essentially a “free trade” agreement. Switzerland has a little bit of room to not adopt EU laws, but some of its goods are blocked from export to EU countries as a result. Switzerland, however, is under pressure to do as the EU dictates, and not only does Berne not have representation, it lacks even the toothless consultation that Oslo has.

Britain will still pay but have no say

Will Britain really be free of transfers to Brussels as the “Leave” campaign, dominated by the Tory right and UKIP, loudly claimed before the referendum? Their immediate back-tracking on that, and on their implied promise of significantly reduced immigration, provides an important clue. The Centre for European Reform, a neoliberal think tank that declares itself in favor of European integration, in a nonetheless sober analysis declares that Britain would pay a substantial amount to retain its access to European markets. In its report, “Outsiders on the inside: Swiss and Norwegian lessons for the UK,” the Centre writes:

“Britain would also have to pay a financial price, as well as a political price, for retaining access to the single market. As a relatively rich country, it would presumably be expected to pay special contributions to EU cohesion and aid programmes on a similar basis [as] the Norwegians and Swiss do. Currently, Norway contributes €340m a year to the EU. If multiplied by 12 for Britain’s much larger population, that rate would imply a contribution for the UK of just over €4 billion, or nearly half its current net contribution to the EU budget as a full member. That is a lot to pay for associate status of the club.”

It is possible to grumble that the foregoing is a product of a pro-EU perspective, but doing so would ignore that Britain’s firm place in the world capitalist system, geographical location and trading patterns dictate that it retain its commercial access to Europe. A post-Brexit Britain’s remittances to Brussels might be larger than even that postulated by the Centre for European Reform. An Open Europe analysis calculates that Norway’s net contribution to the EU works out to €107 per person, while Britain’s current contribution is €139 per person. It may not be realistic to expect a future British contribution to be substantially less than Norway’s.

Sea defenses on the South Coast near Winchelsea, England (photo by Atelier Joly)

Sea defenses on the South Coast near Winchelsea, England (photo by Atelier Joly)

Furthermore, the Open Europe analysis notes that gross immigration to Britain is significantly less than that of Norway, Switzerland and Iceland. Those countries each must accept the free flow of people (along with goods, services and capital) the same as any EU member. The scare tactics of UKIP and the Tory right were simply that, tactics. And the promise by Brexit proponents of the return of an golden age and the scare tactics of Brexit opponents that financial armeggedon would be at hand? A separate Open Europe report finds the most likely range of change to British GDP would be within minus 0.8 percent to plus 0.6 percent by 2030.

Not much of a change. The high end of that modest range assumes that Britain adopts “unilateral liberalisation” with all its major trading partners because “free trade” offers the “greatest benefit,” the Open Europe report asserts. But studies purporting to demonstrate the benefits of “free trade” agreements tend to wildly overstate their case through specious assumptions. These often start with models that assume liberalization can not cause or worsen employment, capital flight or trade imbalances, and that capital and labor will smoothly shift to new productive uses under seamless market forces.

Thus groups like the Peterson Institute invariably come up with rosy projections for “free trade” agreements, including fantasy figures for the North American Free Trade Agreement and the Trans-Pacific Partnership that ignore the reality of job losses and resulting downward drag on wages. So it is perhaps not a surprise that the rosiest prediction here is for Britain to throw itself wide open to world markets, as if Britain wasn’t already one of the most de-regulated countries in the global North.

There are lies and then there are damned lies

A different sort of lack of realism pervaded the Brexit campaign, and their avowed desire to remain in the European single market surely has something to do with their rapid backtracking. Boris Johnson, a leading spokesperson for Brexit, certainly was far more cautious in his post-vote June 26 column in The Telegraph than during the campaign. He claimed, in the face of all evidence, that immigration fears were not a campaign factor, that the British economy is “outstandingly strong” and “nothing changes” except for a goodbye to European bureaucracy. Seldom do we see so much undisguised lying in a single article.

The response from the other side of the English Channel is illuminating. A commentary in Der Spiegel, undoubtedly reflecting official thinking in Germany, concludes by declaring, “The British have chosen out, and now they must face the consequences,” given with a favorable reference to hard-line Finance Minister Wolfgang Schäuble. The Guardian, quoting an assortment of European diplomats, provided this report:

“ ‘It is a pipe dream,’ said [one] EU diplomat. ‘You cannot have full access to the single market and not accept its rules. If we gave that kind of deal to the UK, then why not to Australia or New Zealand. It would be a free-for-all.’

A second EU diplomat said: ‘There are no preferences, there are principles and the principle is no pick and choose.’

The diplomat stressed that participating in the single market meant accepting EU rules, including the jurisdiction of the European court of justice, monitoring by the European commission and accepting the primacy of EU law over national law — conditions that will be anathema to leave advocates who campaigned on the mantra ‘take back control.’ ”

No wonder no Tory seems eager to start negotiations. Perhaps “more of the same but with less say” will not meet the expectations of those who voted for a British exit from the EU. Certainly, corporate ideology has done its job well of convincing some that corporations abandoning communities isn’t the fault of the corporations leaving nor the capitalism that rewards those abandonments. Consider this passage in The New York Times on June 28, quoting a blue-collar worker in an English city that voted heavily to leave:

“ ‘All the industries, everything, has gone,’ said Michael Wake, 55, forklift operator, gesturing toward Roker Beach, once black from the soot of the shipyards. ‘We were powerful, strong. But Brussels and the government, they’ve taken it all away.’ ”

Of course, the ceaseless competitive pressure of capitalism, ever ready to move to the place with the lowest wages and weakest regulations, is responsible for the hollowing out of Sunderland, England, and so many industrial cities like it. Britain adhering to EU rules on unrestricted mobility of capital as the price of retaining its European trade links will have exactly zero effect on that dynamic, and British entry into “free trade” agreements like the Transatlantic Trade and Investment Partnership or similar deals will accelerate it. Governments sign such agreements, true, but they are acting under compulsion of powerful industrialists and financiers within and without their borders, conceding ever more sovereignty to multi-national capital as the price of remaining “competitive.”

The EU is a bonanza for multi-national corporations and an autocratic disaster for working people across Europe. But one country leaving and agreeing to the same terms as an “outsider” will effect no change whatsoever. An exit from capitalism is what the world needs, not from this or that capitalist treaty.