Author: caribbeantradelaw

  • 27th CARICOM Heads of Government Intersessional Meeting Concludes

    Alicia Nicholls

    This week February 16-17th the Heads of Government of the Caribbean Community (CARICOM) converged in Placencia, Belize for their 27th Inter-sessional Meeting. The meeting was chaired by current CARICOM Chairman, Prime Minister, the Honourable Dean Barrow of Belize.

    At the opening ceremony which was live streamed online, current CARICOM Chairman, the Honourable Dean Barrow and CARICOM Secretary-General Ambassador Irwin LaRocque and immediate Past Chairman, Prime Minister of Barbados, the Rt. Honourable Freundel Stuart, gave addresses.

    Issues discussed

    Security, correspondent banking, Zika and climate change were the major issues discussed by the Heads of Government over the two day meeting. The Heads of Government also discussed the Belize-Guatemala and Guyana-Venezuela border disputes, cricket governance, the future of ACP-EU relations, CARICOM-Dominican Republic relations and the application for Associate Membership of the Community by six territories.

    Outcomes

    According to the Communiqué released following the meeting, there were several outcomes. The following are excerpts from the communiqué:

    • Re-appointment of Secretary-General and two-term limit: Current Secretary-General of CARICOM Ambassador Irwin LaRocque, was re-appointed for his second term by the Heads of Government as Secretary General of the Community. The Heads agreed that the post of Secretary General would have a maximum of two terms.
    • Protocol to Incorporate CONSLE as an Organ of the Community: The Protocol Amending the Revised Treaty of Chaguaramas to Incorporate the Council for National Security and Law Enforcement (CONSLE) as an Organ of the Community and the Implementation Agency for Crime and Security (IMPACS) as an Institution of the Community was opened for signature. Trinidad & Tobago, St. Lucia and Guyana have signed the Protocol so far.
    • Appointment of a High-Level Group on Correspondent Banking: Heads of Government agreed to the appointment of a high-level advocacy group on Correspondent Banking, led by the Prime Minister of Antigua and Barbuda, with the responsibility to represent the interest of the Region in addressing the issue.
    • Climate Change: Heads of Government agreed to maintain the diplomatic demarche at international levels in support of the 1.5°C goal and that the Task Force on Sustainable Development should continue their work to facilitate the implementation of the Agreement.
    • Zika: The Heads of Government mandated CARPHA and the CARICOM Secretariat to report to the Council for Human and Social Development on Health on the implementation and effectiveness of the course of action agreed to tackling Zika. Heads of Government endorsed the proposal for a Caribbean Mosquito Awareness Week to be inaugurated in May 2016.
    • Associate Membership of CARICOM: Heads of Government received a report from a Technical Working Group (TWG) on issues related to Associate Membership in CARICOM. Noting the on-going reforms in the Community and the resource challenges that would be faced by the Secretariat with respect to any future enlargement of the Community, Heads of Government recognised the need for the articulation of an enlargement policy which should be submitted for their consideration at the July meeting of the Conference.
    • Relations with the Dominican Republic: Heads of Government agreed that the human rights situation of Dominicans of Haitian descent must form part of the Agenda of the CARIFORUM-EU policy or political dialogue.
    • ACP-EU Relations: Heads of Government received a presentation on the Future of the African Caribbean and Pacific Group of States (ACP). His Excellency Ambassador Patrick Gomes, Secretary-General of the African Caribbean Pacific Group of States (ACP) also attended the meeting.
    • Cricket Governance: Heads of Government endorsed the recommendations of the Final Report of the Review Panel on the Governance of Cricket of October 2015 and affirmed that they must be implemented.
    • Border Disputes: Heads of Government reaffirmed their unequivocal support for the maintenance and preservation of Belize and Guyana’s sovereignty and territorial integrity.

    These issues will likely be further discussed at the 37th Regular Meeting of the Conference which will be held July 4-6th. It will be co-hosted by the CARICOM Secretariat and the Government of Guyana and will be chaired by Prime Minister of Dominica, the Honourable Roosevelt Skeritt, who will assume chairmanship of the Community in July.

    The full communiqué of the 27th Heads of Government Interessional Meeting may be viewed here.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • Fat Taxes: What Role for Fiscal Policy Interventions in Promoting Good Health in Barbados?

    Alicia Nicholls

    Public health is once again under the microscope in Barbados, with the lens being focused on the crippling burden of non-communicable diseases (NCDs) on the country’s health care system. According to data reported by Nation News, “an estimated 64 per cent of adult Barbadians are overweight and 31 per cent of children are obese or overweight”. If that is not worrying enough, NCDs account for 84 percent of total deaths in Barbados, according to World Health Organisation estimates. What is more, the rates of diabetes and diabetic-related amputations in Barbados are among the highest in the world. The net result is a reported $700 million a year health care budget, which is very unsustainable for a cash-strapped small island developing state which also has an aging population.

    Not for the first time, public health advocates in Barbados have proposed levying a tax on foods with high fat and sugar contents as one policy measure to force dietary change among Barbadians. While it would appear that this suggestion has not met with the Barbados Government’s approval at this time, it does raise the question of what role could and should fiscal policy interventions play in promoting good health in Barbados.

    The intersection of fiscal and health policy

    Fiscal policy instruments are used by Governments mainly to raise revenue. However,their use  as tools for pursuing public health objectives has been receiving increased attention by governments around the world which are faced with a high incidence of obesity and NCDs. Public health advocates have argued that in much the same way that “sin taxes” such as excise taxes on alcohol and cigarettes have reduced consumption of these products over time, taxing foods high in fat, sugar or salt could influence consumption patterns away from poor dietary habits, a major risk factor for obesity and NCDs.

    The fat tax is usually levied as an ad valorem or specific tax, increasing the price of the product with the intention of dampening consumer demand for the taxed product and forcing a switch to healthy alternatives. Effective August 2015, Barbados introduced a 10 percent excise tax on “sweetened beverages”. Given its novelty, it is unknown whether the “sweet drink tax” has led to any shift in Barbadians’ soft drink consumption patterns. It is to be reviewed in two years to determine whether it has met its objectives.

    Fat taxes, like most taxes, are highly unpopular. Opponents argue that these measures are regressive and inefficient and are an intrusion by Government on consumers’ rights to choose their own lifestyles. Opponents also argue that these taxes place a disproportionate burden on the poor, who spend a larger proportion of their income on food.

    Worldwide use of “fat taxes” 

    There is still limited empirical data on the efficacy of “fat taxes” in changing consumption patterns. Several academic studies internationally have sought to model the impact of proposed taxes on consumption behaviour with mixed results. However, as one study points out, there appears to be some consensus in the academic literature that these taxes have to be substantial (at least 20 percent) in order to shift consumer behaviour.

    In the real world, what little is known about fat taxes shows that their impacts has varied by market. Among the countries which have experimented with, or currently have fat taxes include Norway, France, French Polynesia, Samoa, Finland, Hungary, to name a few.

    Denmark is perhaps the favourite “poster child” for anti-fat tax critics. In October 2011 Denmark instituted a tax on foods with a saturated fat content of more than 2.3 percent, which was repealed only a year later after much public outcry and dissent. According to an IEP report, the tax failed for several reasons, including the lack of impact on Danes’ purchasing habits. Many Danes either switched to cheaper brands or crossed the border into neighbouring countries to purchase these items, phenomena which Danish policymakers either had not considered or had dismissed at the time of design and implementation of the tax.

    On the flipside, Mexico has been a success story. Mexico is currently battling an obesity rate which is the second highest among OECD countries. It imposed a tax of MX$1 (US$0.80) per litre on sweetened beverages and an 8 percent tax on foods containing 275 calories or more for each 100 grams in 2014. A study found that in the first year of the tax’s operation, the volume of sweetened drinks sales is said to have declined on average by 6 percent while there was a 4 percent increase in the sale of untaxed beverages like bottled water. The impact on consumption was most marked on lower income households.
    What these two case studies show is that the efficacy of a fat tax  would depend on its design and application.

    The proof is in the pudding

    While fat taxes are often regarded as a Government intrusion, lifestyle choices, though personal in nature, can create huge burdens on the public health apparatus and the public purse. In this vein, they are a legitimate Government concern. Government intervention in the market  is sometimes necessary to save people from themselves. My personal belief is that there is a role for fiscal instruments like fat taxes in public health policy.

    However, like the two cases studies of Denmark and Mexico show, the proof is in the pudding. After all, on what basis should unhealthy foods/drinks be taxed? Should it be based on their caloric content? What level of tax would be prohibitive enough to have a material impact on Barbadian consumers’ purchasing behaviour? The answers to these questions require extensive market research, including research on Barbadian consumers’ habits, the level of price elasticity of demand for these unhealthy foods, income elasticity, of unhealthy food demand, and any other unhealthy substitutes which consumers might logically shift to.

    International studies and case studies are instructive but as each market is unique, Barbadian-based studies would be more consequential. A good case study would be the “sweet drinks tax” which was introduced last year. Some economists have argued that the 10 percent levy is too small influence consumer behaviour and this may well be the case.

    While any policy no doubt should take into account the impact on the local manufacturing sector and employment levels therein, particularly at a time when the sector has not seen much growth, such a policy could induce manufacturers to reduce the sugar and fat contents in their products and to produce more health-conscious alternatives. Even without a fat tax and before the introduction of the “sweet drink tax”, we have seen some of our Barbadian manufacturers over the years introducing health-friendly alternatives to the market with success as Barbadians become more health conscious. One ice cream manufacturer has introduced diabetic ice cream, while another manufacturer has a line of low fat milks and low sugar juices.

    There is a possible role for a fat tax but other policy interventions are needed as well. One of the major reasons given by most Barbadians for the popularity of unhealthy foods over healthy foods is the lack of affordability of many healthy alternatives. This pricing discrimination is seen in some supermarkets where low-fat foods are often more expensive than their high fat counterparts, which gives consumers little incentive to buy “healthy”. Healthy foods should be exempted from the imposition of value added tax, while import duties should be removed on healthy products, vegetables and fruits which are not made or produced locally to increase their affordability to the general public.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • CARICOM Heads of Government 27th Inter-sessional taking place this week

    Alicia Nicholls

    The Heads of Government of the Caribbean Community (CARICOM) will be meeting in Belize this week for their 27th Inter-sessional meeting. The meeting, which will be taking place February 16th-17th, will  see a number of important issues on the agenda.

    Chief of which will likely be the Zika outbreak currently affecting several countries across the Caribbean and which the World Health Organisation declared a Public Health Emergency of International Concern on 1 February 2016. Moreover, the outbreak comes during the height of the Region’s tourism season, the main industry for many Caribbean countries. No doubt besides the public health risks, a key concern will be the potential economic fall-out from any negative impact on the Region’s tourism sector as most regional economies continue to experience sluggish economic growth in the aftermath of the Great Recession.

    Besides Zika, an issue which was discussed at the 26th Inter-sessional in the Bahamas last year and which remains of grave concern to the Region is international banks’ termination of correspondent banking relationships with indigenous banks in the Region due to de-risking practices. A recent World Bank survey that was published in November last year found that the Caribbean was likely the Region most affected by the loss of correspondent banking relationships. According to CARICOM Today, the Committee of Finance, which is working alongside the Caribbean Association of Banks, will prepare a strategy for the Heads of Government’s consideration during their meeting.

    Climate change will also be a prominent agenda item. This will be the first inter-sessional meeting since the historic Paris Agreement was concluded at the Conference of Parties (COP) 21 in Paris late last year and the Agreement will be open for ratification from April this year. Caribbean countries and other small island developing states were instrumental in getting many of their concerns incorporated into the final text of the Agreement.

    Several other issues may also be discussed as well, including the future of ACP-EU relations in light of the impending expiration of the Cotonou Partnership in 2020, relations with the Dominican Republic, security and terrorism concerns in light of reports of CARICOM nationals leaving the Region to join ISIS ranks, reparations, the still unresolved border disputes between Guyana-Venezuela and Belize-Guatemala, as well as the reform process and the way forward for the realisation of the Caribbean Single Market and Economy (CSME).

    According to a press release by the Barbados Government Information Service, the  Heads of Government are also expected to consider the applications for Associate Membership of CARICOM made by five territories: Curacao, French Guiana, Guadeloupe, Martinique and St. Martin. Additionally, Chilean President, Michelle Bachelet, will be a special guest at the Conference.

    The Opening Ceremony of the 27th Inter-sessional Meeting will be live-streamed on the official website of CARICOM, http://www.caricom.org on Monday, February 15th. The Closing Ceremony will also be live-streamed on Wednesday, February 17th.

    For further information on the upcoming 27th Inter-sessional Meeting, please see this report from CARICOM Today.

    Alicia Nicholls, B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. You can also read more of her commentaries and follow her on Twitter @LicyLaw.

  • WTO holds first post-Nairobi full membership meeting; Turkmenistan considering membership

    Alicia Nicholls

    This week the World Trade Organisation (WTO) held its first full membership meeting after the 10th Ministerial Conference in Nairobi last December. For the WTO’s news item on the meeting, please visit here.

    Turkmenistan considering WTO membership

    In other news, Turkmenistan is said to be considering WTO membership. According to Azer News, the EU proposed Turkmenistan for WTO membership in 2011 and Turkmenistan’s Deputy Prime Minister and Foreign Minister reportedly held several meetings in Geneva this week, including with Roberto Azevedo, Director General of the WTO. For the full Azer News article, please see here.

    Alicia Nicholls B.Sc., M.Sc., LL.B. is a trade and development consultant with a keen interest in sustainable development, international law and trade. The following information is for general You can read more of her commentaries and follow her on Twitter @LicyLaw.