Andy Honda Cody Dawson

Violation of Human Rights to Sovereignty or TLC TLC

American expert report to the IACHR

° of political and legal order accentuate asymmetries in all the TLC.

· Policies for the protection of U.S. agricultural products in contrast to the abandonment of policies to stimulate agriculture in the Central American countries.

According to the report of nine human rights organizations in the Central American Commission for Human Rights (IACHR) negotiation of DR-CAFTA which has carried out fundamental political and legal differences between Central America and the United States. These asymmetries are expressed in the negotiation process and continue to generate fear about the inequalities in the region.

Research warns that while in the U.S. DR-CAFTA does not enjoy a higher rank than its secondary legislation, in the case of Central American States has a senior secondary legislation under constitutional provisions.

For the U.S., the negotiation of the FTA is under the "Trade Promotion Authority Act (TPAA)" or "Fast Track", a law that sets out general guidelines to be followed by negotiations of treaties free trade in the country. In Central America there is no similar instrument and the negotiation was conducted at the discretion of the Executive and the negotiating team.

The report indicates that under the American legal system, the DR-CAFTA was approved by a law called the "Implementation Act" which allows application limitations internally and in relation to local laws. Clause 102 of the Act provides that ordinary federal and state laws take precedence over the Agreement. In the countries of the region do not have a similar instrument, so that the Treaty can only be approved or rejected by the Legislature in its entirety, without being able to make modifications, clarifications or reservations.

United States has strong policies to protect and stimulate domestic production and exports in strategic sectors such as agriculture, examples of this are the high budget in grants for agricultural production, which contrasts with the abandonment of agriculture in the countries in the region, after a process of dismantling of policies, institutions and instruments of encouragement and protection of production.

"No one can compare the policies of protection and subsidies of billions of dollars that the United States applies to the checkout and neglect they have suffered our producers. It is time that we must return to the Costa Rican way, strengthening our production, halt the dismantling of national agriculture. This is an issue of food security and national security. It is irresponsible and unpatriotic stop depending on food supply from other countries, "said Congressman José Joaquín Salazar.

An instrument such as DR-CAFTA involves a legal relationship between equivalent parts. However, it does not exist in reality and that involved several traders have more influence and is reflected in the outcome of the negotiations in each country. The report indicates that the capacity of influence on various economic group States are very strong and are far from the case of equivalence, and are abysmally asymmetric, especially among multinational and local producers.

"That's why there are asymmetries that very strong lobby groups, intellectual property is one of those cases where the negotiation was clearly in favor of big corporations and the detriment of generic manufacturers. The result of the FTA is no accident. Nor is it coincidence that after the winners of the FTA as chicken, sugar and ethanol are very influential politicians and businessmen, "said Rep. José Joaquín Salazar. Flora