Category: Uncategorized

  • Summary Report of Public Consultation on Future of ACP-EU Relations Released

    Alicia Nicholls

    The African, Caribbean and Pacific (ACP) Group and the European Union (EU) are currently in a period of reflection on the future and form of ACP-EU cooperation post the expiration of the Cotonou Partnership Agreement (CPA) in 2020. The EU launched a public consultation “Towards a New Partnership between the EU and the ACP Countries after 2020” which took place between 6 October to 31 December 2015. Last Monday, the European Commission released its summary report of this public consultation.

    A wide variety of stakeholders submitted responses, including the ACP Young Professionals Network whose response may be viewed here. Public authorities/ international organisations was the largest category of shareholder which sent responses, followed by civil society organisations.

    As part of the ACP group, CARIFORUM countries have enjoyed a privileged relationship with the EU for the past four decades. The EU is a major trade, investment and development partner for CARIFORUM countries and it is in the region’s best interest to ensure that any new framework for EU-ACP engagement takes into account the region’s interests and concerns.

    It is therefore quite unfortunate that there was such poor representation of CARIFORUM stakeholders among those which submitted responses as part of the joint consultation. Of the 103 responses received, only one came from a stakeholder within a CARIFORUM state – Jamaica.  The overwhelming majority of non-EU responses were from entities based in African countries.

    Key points from the Summary Report

    It was noted in the summary report that the major problem highlighted by respondents was “the difficulty to attribute progress or lack thereof specifically to the CPA framework or to EU policy as a whole”.
    Some of the other key points noted in the summary report are that:
    • Respondents were generally of the opinion that the Cotonou Partnership has had a positive contribution to human and social development, including poverty reduction. However, opinions seem divided on its contribution towards sustainable and inclusive economic development.
    • Respondents, however, had a more critical opinion of the CPA’s effectiveness with respect to several other areas, including private sector development and foreign direct investment.
    • Implementation of the Sustainable Development Goals (SDGs) was the main priority put forward in regards to the future of joint ACP-EU relations, with private sector development, improved business environment and business promotion being identified as priorities in the framework of sustainable and inclusive economic growth.
    • With respect to the future form of ACP-EU collaboration, a large majority of respondents favoured a stronger role for civil society actors and the private sector.
    The full summary report may be accessed 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.
  • US President Obama lands in Cuba; US hotel to open in Cuba

    Alicia Nicholls

    According to a CNN news report, United States President Barack Obama landed in Cuba on Sunday. President Obama’s three-day visit to Cuba marks the first time in more than eighty years that a sitting US president has stepped foot on Cuban soil. The US president, who is accompanied by first lady Michelle Obama and daughters Malia and Sasha, was greeted upon arrival by top Cuban officials.

    In related news US hotel chain Starwood has reached an agreement to open the first US hotel in Cuba since the embargo. According to this BBC report, Starwood will renovate and operate three hotels in Havana.

    Rapprochement

    President Obama’s visit is the latest in a series of steps taken by his administration since December 2014 towards normalising relations between the US and Cuba. These steps have involved the progressive removal of some travel and trade restrictions and include:

    • Allowing individual travel by US citizens to Cuba for educational “people to people” purposes, although a general travel ban remains in effect
    • Approval of a ferry service between the US and Cuba
    • Allowing US bank accounts for Cuban nationals
    • Re-opening of US embassy in Havana
    • Lifting of restrictions on export financing
    • Agreement to resume commercial air links between the US and Cuba. Several US airlines have already signed up.

    A full list of the restrictions eased are available in a press release issued by the US Treasury and Commerce Departments.

    However, despite the President’s calls for congress to lift the decades-old embargo, it remains.

    More will be posted as the story develops.

    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.

  • Caribbean Weekly Trade & Development Digest – March 6-12, 2016

    These are some of the major trade and development headlines and analysis across the Caribbean region and the world for the week of March 6-12, 2016:

    Regional

    CARIFORUM Ministers to meet in Guyana

    Antigua Observer: Issues relating to the 10th and 11th European Development Fund (EDF) will be among matters discussed here when the Council of Ministers of the Caribbean Forum of African, Caribbean and Pacific States (CARIFORUM) meets here next week. Read more

    Cuba upward tourism trend not slowing

    Caribbean News Now: Despite forecasts of the possibility of Cuban tourism failing to keep the upward trend shown in the last years, the Caribbean island’s leisure industry posted 14.6 percent growth in the first 71 days of 2016. Read more

    CARICOM seeking support from Portugal on tax issues

    Jamaica Observer: The Caribbean Community (Caricom) is calling on Portugal to help remove a number of Caribbean countries from a list of non-cooperative tax jurisdictions developed by the European Union. Read more

    Customs officers get training under CARIFORUM-EU Pact

    Stabroek: Several local customs officers, as well as stakeholders in the public and private sector benefitted from a customs and trade facilitation capacity workshop, at the Guyana Revenue Authority (GRA), GINA said. Read more

    What TPP means for Latin America and the Caribbean

    Brookings Institute: An agreement of this size and scope will have important implications for Latin America and the Caribbean (LAC), and for the global trade architecture as a whole. Read more

    Guyana – All Styrofoam imports banned from April

    Barbados Today: Importation of styrofoam will no longer be allowed, effective April 1, with the Ministry of Finance considering tax incentives for importers who are interested in bringing in alternatives.Read more

    St. Kitts & Nevis citizenship fund releases audited financial statements

    Caribbean360:The St Kitts and Nevis Sugar Industry Diversification Foundation (SIDF) has released audited financial statements for 2012 and 2013. Read more

    IMF Team Concludes Consultation with Guyana

    Caribbean News Now: A staff team from the International Monetary Fund (IMF), led by Marcos Chamon, visited Guyana during February 24–March 7 to hold discussions for the 2016 Article IV consultation. Read more

    International

    WTO Issues Panel Report regarding US duties on Korea washers

    WTO: On 11 March 2016, the WTO issued the panel report in the case brought by Korea regarding “United States — Anti-dumping and Countervailing Measures on large residential washers from Korea” (WT/DS/464).Read more

    WTO farm talks chair: subsidies key to 2017 outcome

    ICTSD: Addressing farm subsidies could be “key” to a negotiating outcome next year on global trade, the chair of the WTO’s farm  talks said on Tuesday, as two prominent Indian experts hit back at a critique of the country’s negotiating stance on agriculture. Read more

    WTO members look at way forward in agriculture talks

    WTO: WTO members considered the way forward in agriculture talks at the first informal meeting of agriculture negotiations after the WTO Nairobi Ministerial Conference on 8 March. Read more

    Theme of 2016 WTO Public Forum to be “Inclusive Trade”

    WTO: The theme of the 2016 Public Forum, to be held at the WTO’s headquarters in Geneva on 27-29 September, is “Inclusive Trade”. Read more

    Brexit and Britain: What would it mean for UK trade?

    Reuters: The stakes will be high for Britain’s historic role as a free-trading nation when it holds a referendum on whether to stay in the European Union on June 23. Read more

    Australia, Indonesia in free trade talks

    SkyNews: Indonesia and Australia hope free trade talks this week can help turn around ‘underdone’ business and investment ties. Read more
    Eurativ: A new legal world is emerging around the EU’s trade policy. Scrutiny over the compatibility of trade agreements with human rights is increasing under recent Ombudsman and Court of Justice moves regarding the new trade agreement with Vietnam, and a 2012 agriculture agreement with Morocco. Read more

    Recent Articles on Caribbean Trade Law & Development Blog

    For past issues, please visit 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.

  • Good Governance, the SDGs and Caribbean SIDS

    Alicia Nicholls

    Caribbean countries joined fellow United Nations Member countries in September 2015 in endorsing the 17 Sustainable Development Goals (SDGs) and their 169 targets which reflect the ambitions and aspirations for the 2030 global Agenda for Development. Good governance (SDG 16) is a standalone goal under the post-2015 global development agenda, but is considered an “enabler” goal, as enhancing institutional structures and governance can assist in the implementation and monitoring of progress towards achieving the other SDGs.

    Commonwealth Caribbean countries take pride in their British-inherited Westminster/Whitehall systems of government, political stability and smooth transitions of power. However, governance reform has been a consistent feature of the political discourse across the region and it is useful to consider what role can good governance play in Caribbean small island developing states’ (SIDS) achievement of the post 2015 global development agenda.

    The relationship between good governance and development is one which has dominated the development literature; a central debate in the academic literature is whether good governance is a prerequisite/enabler for, or consequence of, development. In July 2012, UN Member States unequivocally agreed pursuant to UN General Assembly Resolution 66/228 of July 2012 that good governance and rule of law are essential for sustainable development.

    The United Nations Economic and Social Commission for Asia and the Pacific (UNESCAP) defines good governance as “the process of decision-making and the process by which decisions are implemented (or not implemented)”. UNESCAP goes on to state that good governance “is participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law”. Besides good governance, the development literature has identified two other components of governance: equitable and effective governance.

    SDG -16 (Good governance and rule of law)

    The UN High Level Panel of Eminent Persons opined that good governance should be a standalone goal as opposed to integrated into the other goals. This is enshrined in SDG16 which is to “promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”. SDG 16 therefore includes not just good governance but the rule of law.

    SDG16’s 12 targets are broad based, ranging from the reduction of violence and an end to human trafficking, promoting the rule of law, reducing illicit financial and arms flows, among other things. Those specific to governance are to substantially reduce corruption and bribery in all their forms, develop effective, accountable and transparent institutions at all levels, ensure responsive, inclusive, participatory and representative decision-making at all levels, and strengthen the participation of developing countries in the institutions of global governance, provide legal identity for all, ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements, strengthen relevant national institutions, including through international cooperation and promoting and enforcing non-discriminatory laws and policies for sustainable development.

    Governance in the Caribbean Region

    With few exceptions in history, we in the Commonwealth Caribbean have had peaceful transitions of power and are generally societies anchored by respect for the rule of law. Our constitutions contain bills of rights which enshrine important rights and freedoms for our citizenry, with limitations. Notwithstanding this, there are concerns about some aspects of our systems, particularly in regards to transparency, accountability, government responsiveness and citizen engagement. Moreover, many wonder how democratic are our systems outside of the periodic opportunity to vote for a new government.

    In regards to press freedom, Caribbean countries do quite well on the Reporters without Borders’ World Press Freedom Index 2015: Jamaica (9), Suriname (29), Eastern Caribbean (37), Trinidad & Tobago (41), Haiti (53). Barbados was not included. In contrast, of the few Caribbean countries included in the Transparency International’s Corruption Perceptions Index 2015, none is included in the top 50. Cuba is ranked 52, Jamaica (69), Trinidad & Tobago (72), Suriname (88), Dominican Republic (103), Guyana (119), Haiti (158). This trails behind other SIDS like Cape Verde and Seychelles (40), Mauritius (45) and Sao Tome e Principle (66). Barbados ranked 17 in 2014 but was not included in the 2015 index.

    Trinidad & Tobago was the first Commonwealth Caribbean country to implement freedom of information legislation in 1999. Antigua & Barbuda, Jamaica, Belize, St. Vincent & the Grenadines, Dominican Republic, Guyana, the Bahamas, Cayman Islands all have FOI laws with various levels of efficacy. Barbados, however, remains one of the few Caribbean countries not to have Freedom of Information legislation and despite promises by the political directorate, does not have integrity legislation. On the Global Open Data Index Barbados ranked 109 out of a 122 countries. The availability of official government data and regular reporting and information sharing by government agencies still leave a lot to be desired.

    While it may be tempting and politically expedient for our governments to pick and choose which rankings they wish to believe, several issues are symptomatic of governance failings in the region and of the feeling by our electorates that the quality of governance in our countries leaves a lot to be desired. These include low voter turnouts as seen in Jamaica’s recent general election and allegations of vote buying in Barbados’ elections in 2013. Across the Caribbean one can find examples of corruption scandals, accusations of political victimisation and media censorship, allegations of nepotism and of the awarding of questionable contracts. To fill the void, citizens are turning ever increasingly to social media to air their views and to expose alleged cases of corruption.

    Governance for sustainable development

    So how can improving the governance systems in the Caribbean assist our little countries in their progress towards achieving the SDGs? The achievement of many of the SDGs requires governance institutions which are strong, well-functioning and well-resourced. For example, well-managed and staffed Town Planning departments and the implementation and enforcement of town planning policies and regulations have a role to play making cities and human settlements inclusive, safe, resilient and sustainable (SDG 11). Social welfare institutions are needed to reduce inequality within and among countries (SDG 10). Efficient water management policies and strategies are needed to ensure availability and sustainable management of water and sanitation for all (SDG 6). Governance reforms must involve strengthening institutions to assist in the high quality provision of services such as health care and education for the most vulnerable groups in society, which in turn helps to reduce poverty and inequality.

    Good governance, embodied by governance that is “participatory, consensus oriented, accountable, transparent, responsive, effective and efficient, equitable and inclusive and follows the rule of law”, inspires confidence and participation in the system by the citizenry, civil society and the private sector. A more responsive and participatory governance structure allows for special interest populations such as the youth, the disabled and others greater voice.

    Key to citizen participation is access to accurate and timely information. Access to information allows scrutiny of policies by citizens and helps them hold elected officials accountable. Improving communication channels between the government and citizenry allows for the flow of information and ideas between the government and governed, between the government, private sector and civil society, which are essential for policy creation, evaluation and modification, where necessary. Participatory government helps to re-orient policies towards the needs of the community, allowing for greater public support for policies.

    In regards to SDG 8 (promoting sustained, inclusive and sustainable economic growth, full and productive employment, and decent work for all), responsive governance institutions allow for ease of doing business which facilitates private sector activity. The private sector has been identified by the global community as a critical partner for the implementation of the SDGs, not just in terms of providing financing for development, but by aligning their policies to help meet these goals, including the adoption of more environmentally sustainable business, production and investment practices, providing more opportunities for women’s participation and engaging in greater involvement in the community. However, what businesses need is a facilitating and not prohibitive regulatory environment. What they also need is confidence that government decisions will be made based on objective criteria and not on patronage.

    The way forward

    Good governance is essential for helping Caribbean countries in their pursuit of the SDGs. Corruption is a cancer which results in weak and selective enforcement of laws, lack of accountability and transparency, all of which have negative implications for sustainable development. Large informal economies make it difficult for governments to mobilise domestic resources for financing for development, while distrust of government officials makes the private sector less willing to invest or engage in public-private partnerships. These are issues which Caribbean countries must tackle in their pursuit of the SDGs.

    Another issue will be measuring progress made towards achievement of SDG16’s targets. In the Caribbean official data tends to be scarce. This is evidenced by the frequent absence of some Caribbean countries from international indices due to lack of data. Addressing these data shortages will be needed for monitoring.

    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.