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EC 1400 - CAFTA Briefing
EC 1400 - CAFTA Briefing
Briefing on CAFTA
Issue:
The issue at hand at your upcoming testimony in front of the U.S. House Ways and
Means Committee (HWAMC) is regarding the labor rights and standards under the Dominican
Republic- Central America Free Trade Agreement (CAFTA). The HWAMC will listen to your
testimony and choose to vote either in favor or against CAFTA and will not be allowed to amend
the agreement from its current form. The passage of CAFTA will help facilitate trade amongst
member states by reducing tariffs on goods. CAFTA will improve El Salvador’s economy by
immediately opening up trade on 98% of product categories by removing existing tariffs on most
Chapter 16 of CAFTA delineates labor rights and standards that would need to be met by
signatories. Much debate has arisen over whether these labor rights and standards meet the
International Labor Organization (ILO) standards and whether CAFTA provides for adequate
enforcement. More specifically, concerns over unionization rights and labor conditions in
CAFTA countries along with penalty mechanisms for a lack of enforcement are seen as
roadblocks by opponents. The HWAMC is interested in whether these labor rights and standards
Relevant Interests:
There are three principle players who have a keen interest in whether CAFTA is passed
by the HWAMC: the United States Trade Representative (USTR), El Salvador and other CAFTA
USTR:
The USTR’s position on CAFTA is largely driven by the economic and political benefits
the US will receive as a result of CAFTA’s passage. It is not as concerned with labor issues that
have been brought up, but still defends labor regulations under CAFTA as being adequate.
Economically the passage of CAFTA will result in more than 80% of US consumer and industrial
exports becoming duty free immediately. Furthermore, according to the United States
International Trade Committee (USITC), US exports will increase by approximately $2.7 billion
while the American Farm Bureau Federation (AFBF) estimates US agricultural exports to
increase by $1.5 billion due to CAFTA. This will cement the US’s role as the primary trading
partner in the Western Hemisphere and will provide economic incentives for stability in Central
America. As for the labor concerns the USTR argues that the labor regulations and enforcement
mechanisms are sufficient as Chapter 16 CAFTA does three things: 1. promotes effective
enforcement of national labor laws, 2. establishes a cooperative program to improve labor laws
and enforcement, and 3. builds the capacity of Central American states to monitor and enforce
labor rights.
AFL-CIO:
Unlike the US, the primary concern of the AFL-CIO, as a union, is that of worker rights
and labor standards. The AFL-CIO believes that CAFTA is in violation of previous international
agreements which call for appropriate labor laws as a requirement for a free trade agreement as
seen in the Generalized System of Preferences (GSP). Restrictions on forming unions and are the
ability for companies to discriminately fire unionized workers in CAFTA countries are seen as
evidence of insufficient worker rights by the AFL-CIO. Further, Chapter 16.1 of CAFTA allows
for countries to develop their own labor standards which is seen is a violation of (ILO) standards.
The AFL-CIO also finds enforcement mechanisms to be inadequate under CAFTA. The language
under CAFTA calls for each country to enforce its labor laws, but provides weak mechanisms
through a $15 million fine from the labor budget to provide for better labor law enforcement. The
AFL-CIO also believes that labor rights can be better demanded by the US in the absence of
El Salvador:
Like the USTR, El Salvador’s primary concern is the economic gains from CAFTA. El
Salvador has a GDP per capita of $5,525 and according to most recent figures spends only $184
per capita on healthcare. Thus, any improvement to El Salvador’s economy is much appreciated.
CAFTA will improve the economy by creating $2.8 billion in exports from the US according the
USITC. The Country has recently faced civil war and has spent the last 14 years trying to
liberalize through economic and democratic reforms. A trade agreement with the US would allow
for more economic and political stability in El Salvador. However, these newly adopted reforms
also mean that the country is not capable of immediately enforcing changes to labor laws. El
Salvador also cites the differences in societal factors such as the difference in the development of
unions as a reason for some of the legal differences. Ultimately, it is in the interest of the El
Salvador to have CAFTA pass as it would ensure economic and political stability of the country.
Our Position:
Given the interests of the relevant parties, it would be in the best interest of El Salvador
to ask the HWAMC to pass CAFTA as it will allow for political and economic stability in the
country. The economic gains from the agreement will help El Salvador increase quality of life for
its citizens and will also provide it with the economic resources and incentives necessary to
HWAMC: 1. the effect of CAFTA on the US, 2. the effect of CAFTA on El Salvador, 3. the
precedence on labor rights under CAFTA.
Effect on the US:
The US will benefit economically and politically from the agreement through increased
exports to CAFTA countries and will do so at a low cost. Exports to CAFTA countries will
increase by $2.7 billion while imports will increase by $2.8 billion. The increase in exports
means the US will be able to profit from this increase in trade while the increase in exports
provides economic relief in CAFTA countries which are relatively poor. Doing so will make the
US into the chief trading partner in the Western Hemisphere. The increase in imports will also
provide economic and political stability in a region that has been plagued with civil wars and
unrest. Furthermore, the US will lose few jobs to CAFTA countries due to their relatively small
size and will prevent illegal immigration as NAFTA did by allowing for better working
opportunities in peoples’ native countries. This strengthening in ties between the US and CAFTA
countries will provide the US with better leverage in asking CAFTA countries to improve worker
rights. Thus, the constituents of HWAMC are not adversely affected but the workers of CAFTA
countries are given a brighter prospectus.
Effect on El Salvador:
El Salvador has the most to gain from this agreement. Opening up trade would help push
our GDP per capita higher and the gains from trade would allow us to better fund public
programs like healthcare. Furthermore, it will provide economic incentive to further liberalize
our economy while providing for economic stability. Economic stability is essential in our
country considering we are still rebuilding from a civil war. Furthermore, economic incentives
from trading partners will allow us to better improve worker rights. As a developing country we
have inadequate means of enforcing and changing labor laws immediately, but economic growth
through CAFTA will not only increase our incentives to improve labor conditions but will also
provide us with the resources necessary to do so.
Precedence:
We acknowledge that we haven’t had a perfect labor record, but there is precedence for
allowing similar agreements in developing countries like ours. Although CAFTA lacks
enforcement mechanisms present under the Jordan Free Trade Agreement, the wording under
CAFTA matches that of Morocco Free Trade Agreement. Like El Salvador, Morocco was also a
developing nation and therefore the precedence suggests different standards for different
countries. Furthermore, Chapter 16 of CAFTA requires member states to enforce their labor laws
and is in accordance with requirements under the Trade Promotions Authority (TPA) bill which
was passed by Congress in 2002. Chapter 18 Section B of CAFTA even provides for criminal
punishment for corruption which includes the violation labor laws. Finally, it is important to note
that El Salvador has ratified six of the eight ILO core conventions while the US has only ratified
two. CAFTA may not be the optimal solution for labor laws but the precedence shows that it is a
step forward.
Conclusion:
I urge you to take into consideration the positive impacts of CAFTA on both the US and
El Salvador, CAFTA’s ability to improve labor standards and the relevant precedence in the case
to recognize that a vote for CAFTA is better than a rejection of CAFTA.