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The Technological Institute of Costa Rica (TEC ) also says NO to the TLC TLC

ANALISIS DE DIVERSOS ASPECTOS DEL TLC (ITCR)


III. Conclusiones y Acuerdos

Con base en el análisis precedente, el Consejo Institucional del Instituto Tecnológico concluye que:


El TLC no es un mero tratado de libre comercio, pues involucra aspectos no directamente relacionados con la actividad comercial. El TLC tiene como propósito institucionalizar un conjunto de mecanismos jurídicos, políticos y económicos de los cuales no podríamos salirnos sin grave perjuicio for our country. This means that, once ratified NAFTA, the ability to define and develop our own strategy for economic and social development becomes negligible.

NAFTA strategy responds to the United States to promote bilateral agreements, with negotiations to achieve greater advantages to advance the goals not yet achieved at the multilateral level on issues such as making commitments matter intellectual property and investments which are still under discussion in international forums, to promote U.S. interests and projects, while reducing the room for maneuver and direction for economies small and its ability to strengthen the multilateral level.

Under the FTA, the United States guarantee favorable terms, including the improvement of existing ones to expand businesses that are already highly competitive. For Costa Rica only supposed to compete with international products will improve the competitiveness of local firms as a mechanical result of NAFTA, no guarantee or secure anything that hypothesis.

The FTA with Costa Rica in a homogeneous regulatory framework along with all the countries of the region, reducing the possibility of different development policies as those that have historically allowed to build, together with other factors, their individual differences, due to the commitment that the country takes substantial institutional changes. Coupled with this, although the FTA establishes mechanisms for cooperation with other Central American countries to Costa Rica does not include a program, mechanisms and resources to that end, existing in other integration agreements and free trade, to address the asymmetries evident.

NAFTA decision-making process was characterized by mechanisms that hinder the participation of various sectors concerned, as there was reservation information and lack of political control of the negotiators. Moreover, the approach that has been raised through the ratification no options for dialogue and negotiation, to the extent that only leaves room for the end to approve or reject, without any possibility of amendments or bilateral renegotiation.

The most important result of NAFTA to Costa Rica is on tariffs and consolidating the preferential market access in the United States and the expansion of other products not covered by the initiative of the Caribbean Basin, which means specific opportunities for sectors related to export procedures and foreign direct investment (FDI). However, the openness fostered by NAFTA would mean shrinkage and disappearance of productive activities and therefore existing jobs, being the sector of small and medium farmers one of the most vulnerable.

The FTA provides the fundamental obligation of the contracting parties obedience to the existing national environmental legislation, but only allows you to change it if it is to improve the protection or the prerogatives of business related to the environment, but not his own same protection.

In telecommunications, NAFTA unleashed new forces that encourage further development in this area, but also unbalance the social scheme of universality and solidarity in the services that have so far been possible due to the monopoly control exercised by state, which is at serious risk if the treaty is ratified without any agreement in the Legislature for the text of the Law for Strengthening of ICE and Framework Bill ICE. This precludes a healthy adaptation of ICE to the new conditions of openness, because the treaty establishes a series of deadlines for the adoption of relevant legislation, so peremptory, that make that had not been carried out with the gradual required.

The alleged benefits of NAFTA, derived from the model of openness, attracting investment, liberalization and diversification of production and linked to macroeconomic and sectoral results, have been experiencing in our country since the implementation of Structural Adjustment Programmes. This model, however, has facilitated the concentration of wealth, social inequality, increasing the socioeconomic gap. With this background, it is reasonable to think that the eventual ratification of the FTA will deepen the situation in which the winners win and losers will continue to lose, both increasingly.

prior to the eventual ratification of the FTA, it is necessary to reformulate the "complementary agenda", so this is really a national agenda that promotes, internally, the conditions that enhance the competitiveness of our companies and protect and improve our social indicators. With respect to NAFTA, this agenda must take into account:

production structure in terms of employment generation and the country should not deposit all their energy in promoting exports and attracting FDI. Production for the domestic market is worth an intention and energy equivalent, if not higher, if you want to achieve economic growth also conducive to sustainable human development.

Review and strengthening of the legal and institutional framework related to environmental issues, permitting the resolution of existing problems, mainly in pollution issues and direct impacts on the environment for commercial, industrial and residential developments.

The agricultural sector consists of small and medium farmers urged political action is clear that include technology transfer, better education and training, access to credit and support for road infrastructure and services among many other conditions that are currently almost nonexistent, to prevent the opening fostered by the TLC to make them succumb.

is essential to strengthen the state's capacity for active surveillance of compliance with labor laws in Costa Rica, so that the commitments work established by the FTA are treated with the required responsibility. However, the gentlemen in the position should be clear to ratify the FTA as currently the project is to condemn our labor and environmental laws to stagnation and gradual disappearance.

should be given careful and ongoing monitoring of prices of chemicals and drugs to prevent and control its obvious gouging, which should go hand in hand with improved capacity specializing in intellectual property law that grants the country capacity to manage the complex issues in this field will face, regardless of whether or not to ratify the FTA.

order to safeguard the main elements of universality and solidarity that the dynamics of the free market does not contain itself in the field of Telecommunications, which were covered in the negotiations on the issue by providing special rules the country, it is essential strengthening the ICE within a new legal framework and the urgent creation of a regulatory authority.


. The processes of globalization have both positive and negative aspects and are aware of the need to integrate such processes, but could never support processes of globalization as one who seeks current-CARD-USA FTA, with clear and vast gaps ethical , Where success is measured in terms of trade and enrichment of groups or individuals, with market values \u200b\u200bthat determine the performance standards. We believe in the globalization of knowledge, cooperation, values \u200b\u200band resources, a globalization that promotes a model of inclusive development, solidarity, equitable and sustainable.


We are concerned mainly the young, women, and farmers and future generations, as they will suffer the consequences of this Treaty, whose market approach ignores the fundamental values \u200b\u200bthat underpin coexistence and social harmony



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TECHNOLOGICAL INSTITUTE OF COSTA RICA

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would not apply in indigenous territories if not first consulting

TLC Representatives reject indigenous consultation pro

CORDOVA JAVIER MORALES
editor
The Indians have expressed to the Legislature on previous occasions that the power given by law to be consulted before projects affect them as a people.
Members of the Committee on International Affairs to provide full support for the Free Trade Agreement between Central America, Dominican Republic and the United States refused to indigenous peoples the right to review this agreement as established in Convention 169 International Labour Organization. After
take several procrastinated and despite having a report of the Technical Services Department of the Legislative Assembly, which explained the requirement of consultation, members of the National Liberation Party (PLN) and the Libertarian Movement (ML) imposed its majority and rejected the request.
The motion filed by Rep. Jose Merino Broad Front, was voted down by the liberationists Janina del Vecchio, Fernando Sánchez, Federico Tinoco, Antillón Mayi, and the libertarian Evita Arguedas, while Elizabeth Fonseca, Francisco Molina and Ronald Solis of Citizen Action Party (PAC), voted in favor.
Indigenous representatives and specialists in the field showed disagreed with the decision, while expressed optimism as it would mean challenging the approval of the FTA process, or at least, non-implementation of the treaty on indigenous territories. MOST MECHANICS


to justify their votes, the MP and chairman of the committee, Janina del Vecchio, read out a series of points of why you should not be the query, including the Indians do not grow with modified seeds which will not be mobilized from their land and resource ownership is held in the Costa Rican government.

"In this sense, the right of indigenous peoples to control their knowledge traditional, to participate in its benefits and uses, the right autodeterminaci / ng, customary law to the use of biological resources, customary law and sui generis community rights are not affected at any point by the FTA, "detailed the Member of the commission.

Congressman José Merino strongly criticized the actions "mechanical" parties that support the FTA, because it believes that the consultation avoided at all costs, using other people's opinions as to the issue of lawyer Rubén Hernández and the Ministry of Foreign Trade.
"I am convinced that a mandatory referral that unfortunately most mechanical of that committee did not accept it, using requests to some so-called "experts" who attempted to legally justify why the consultation was not necessary, but what was said by people who know the subject well, besides the opinion of the Department of Technical Services constituted sufficient grounds for the indigenous community consultation was done, "said Merino. Evita Arguedas, member of the Libertarian Movement, denied the need for consultation because it believes that it has sufficiently informed the public about the TLC, and this also not affect the Indians. "The treaty itself is not affecting or not affecting a sector, plain and simple is a free trade agreement is a commercial tool used at the global and the country can always sharpen as the country then you need to do on the agenda of development and competitiveness, "Arguedas said.

DISRESPECT Despite disagreements on other issues show (see sidebar), indigenous leaders showed their anger and outrage at the decision of legislators to circumvent the obligation of Costa Rica since the ratification of Convention 169 in 1992. Despite Members' arguments, the various indigenous leaders showed their anger at the rejection of the consultation, believing that the FTA does affect their lives and territories. The president of the National Commission of Indigenous Affairs (CONAI), Genaro Gutierrez, said that with this resolution, the International Committee not only ignored Indian rights, but also disrespected his people. "It may be that an FTA will to happen and when we realized we sold everything, "said Gutierrez. Odir White, executive director of the CONAI, described as "false" the argument of the MPs regarding the consultation of the indigenous TLC was not necessary, since it does not affect them. "It is false, those who say that are ignorant people do not know the tradition, indigenous culture, much less the law. The FTA should be indigenous communities, "said Blanco. Geiner White, representing the National Indigenous Council, said the Legislature is inconsistent, as was submitted for consultation the draft Law on Self-Development" and the same criteria should be used as NAFTA. The representative of the table said there will be consequences for indigenous peoples and therefore must be consulted in a process similar to the consultation on the bill, he said. "We know that here is much stronger interest, but the Assembly did not can retract the fact consult the FTA, as the storyline may be the same, there is a direct involvement, "he said.

WITHOUT REFERENCE NO VALE
Cristina Zeledon and Javier Rodriguez of the American Indian Program at the Institute of Human Rights (IIHR) UNIVERSITY told that there is legal obligation consultation with indigenous peoples.
"Obviously the FTA affects them and anything that affects indigenous peoples, should be consulted, as the 169. Now, what's up to indigenous peoples?. What you have to do is put an appeal against that decision , but that is a matter which will enter into a legal process, "said Zeledon. According
Javier Rodriguez, a history of international projects and tenders which were annulled by the Constitutional Court does not consult the indigenous peoples.
"There is a history as the law of oil exploration in the Atlantic region, where the lack of consultation with this population, overturned an international tender. In other words, exactly the same criteria including the FTA, the Constitutional Court annulled it," said Rodríguez.
Rubén Chacón, Indian law expert at the Institute for Legal Research at the University of Costa Rica (UCR), is of the opinion that although the FTA does not say anything specific about the indigenous peoples affected by these side effects, and therefore would have to wait that concrete actions are presented to challenge the treaty.
does not believe that the consultation is legally binding, Chacon said there is a positive side, because if they make the query, the FTA can not have any effect within indigenous territories. "Deciding who does the query is almost free the indigenous territories of the application of any direct effect ... The Indians have more legal tools to stop production activities on their lands that we in our neighborhoods, "said Chacón.
The lawyer insisted that the International Affairs Committee should put a footer at the TLC, which states that indigenous territories There is specific legislation that may contradict the terms of the treaty.
However, the lawyer said that should not be many illusions about the FTA will not affect indigenous people, as this requires a legal system solvent, and in the case of the first settlers, the Costa Rican system has demonstrated all its inefficiencies.

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THE ONE, THE FTA AND NAFTA

On 4 September in the evening members of our Board
University (Dr. Olman Segura, Rector, Lic. Sandra Leon
Academic Vice Chancellor, Dr. Albino Chacón, student Emil Martinez de la FEUNA and
Dr. Henry Mora, special guest) appeared before the Commission
International Affairs of the Legislative Assembly to affirm and extend the University
position in relation to the FTA.
Accompanied by a good number of students who, from the bars
also expressed its position on posters and legends
Council members explained in detail why the current Treaty
is harmful in many fields of application for the country and why it should not be approved .

I must say that as the presentation progressed, as the Rector of the
A and the Dean of the Faculty of Social Sciences, posed major
theses, and the vehemence of gift Albino Chacón and Mrs. Sandra
position and Emil is claimed, I became stuck in
called and filled in a fight that really goes beyond a simple
be against a trade agreement. In those moments remembered Martí, some things Octavio Paz
("... in the present circumstances the race to development is simply
condemned rush ...") and remembered our frequent and
mass marches in the early seventies. All this made me think that actually
what the fund states and defends the UNA
as well as other institutions and social sectors, there is a diffuse
right to rutting or ideology that looks to the past, but the urgency
moral obligation to fight for a society where "the quality of human existence
is the ultimate measure of development" (Alan Berg). We

, and was exposed in the words of Emil and Albino,
see the development of the country as more than economic development, we can
think a society where art, water resources, environment, education
, health, not be stuck more than they already are in the cycle trade
by the greed of some national and transnational capital
long lost the notion of reality. What is defended on
yesterday, what is said in the first power of the Republic, was a dream
the dream of a society may assume full responsibility for
develop their own paths, to build their own alternative
inclusive development. I caught subtly that this country is, as there is
said, really split, really broken. On the one hand
voracious than the ideology of abstract development (more jobs, more trade, more investment
...) make every effort to get everything, even our
future needs within the transnational market and who,
other hand, assert that the current scheme is unsustainable development, which is unfeasible
how you want to participate in a
globalization as has been said many times is the globalization of capital, where capital
, choked by global competition and social instability and political
seeks new sources of profit at the expense of the very survival of the living
. That globalization is not globalization or the
employment or social security or education or health. Against that schedule

affirmed the A yesterday. This forces us,
undoubtedly to fully incorporate a tough fight, fight,
is announced, will probably lead to streets, unless the Members
intelligently decide not to approve the Treaty. But yesterday,
while transmitting the hearing, a private channel
short passing on the benefits of the Treaty, which incidentally is used
textile workers, who are at the bottom of the image, sewing garments
style of The first scene of Chaplin's Modern Times. For this reason, this month
independence can not be tempted to defend an ideological independence
, who will want to use to tell us our second independence
is possible only with the approval of the Treaty.

I sincerely congratulate the members of our
University Council and the special guest who appeared before the Committee on International
the Legislative Assembly.
feel that were consistent with the sentiment of the majority of this country that despite the mass media in the bottom
know that the Treaty is, as Merino,
more of the same: excessive profit of a few and deepening the
asymmetries. Gerardo Morales


gmorales@una.ac.cr