June 1, 2006

The plant that ate the lake



Katy says: Once again, the rain season is upon us, and lemna has returned in full force to Lake Maracaibo. A year after an environmental disaster caused, in part, by the government's complete disregard for environmental conditions in South America's largest lake, the plant has made an encore appearance. Neighbors are already complaining about the disease and the smell.

If anyone can tell me what the government has been doing this past year to prevent another serious outbreak of the stuff, I sure would like to hear it.

May 29, 2006

Are you in Brighton? Know anyone in Brighton?

Come to watch this roundtable on Wednesday (day after tomorrow) at 4:00 pm:

Latin America in the Spotlight & 40th Anniversary of IDS

Roundtable

Politics in Latin America: deconstructing the meanings of the Left and the implications for the region’s development

Much has been said about the turn to the left in Latin America as a response to the unsatisfactory socio-economic situation that lasts for more than two decades. The neoliberal approach failed to revert the situation and a shift to the left was a hope for many countries. Left-wing elected leaders in Argentina, Bolivia, Uruguay, Brazil, Chile and Venezuela appear to enforce the impression that a homogenous Left block is being constituted in the region.

Nevertheless, the political projects of these countries are very diverse and constructed as a response to particular social, economical and political contexts. This roundtable aims to deconstruct this so called turn to the Left by debating:

  • What does this Left in Latin America really mean?
  • Is the turn to the Left in many Latin American countries a consolidation of democracy or a challenge to the current political system?
  • Does the Left represent a real alternative to the demands of the societies for region’s development?


Date: May 31st 2006, 4pm
Venue: Lecture Theatre at the Brighton and Sussex Medical School, University of Sussex


*** Joe Foweraker
Director of the Centre for Mexican Studies, University of Essex

*** Laurence Whitehead
Senior Fellow of Nuffield College, University of Oxford

*** Francisco Toro
Former, journalist specialised in Venezuela. Publishes articles at The New York Times, The Economist, The Finantial Times, The Washington Post and several Venezuelan media

*** Sue Branford
Latin American Bureau, author and journalist of BBC, the Financial Times and Red Pepper among others

*** Mick Moore (Mediator) - Research Felow, Institute of Development Studies, Director of the Centre for the Future State

May 28, 2006

Podcast: The Velásquez Alvaray-Maria Alejandra Rivas-Julio Makarem-Anderson Case Nexus

In this seven minute podcast, I try to explain how the Velásquez Alvaray scandal fits in with the Anderson Case, and North American Opinion Research's Julio Makarem's role in the affair.

May 27, 2006

No hay escándalo que dure dos días...

I start looking through the opposition press this morning thinking, "hmmmmm, I wonder what else they have on the LVA meta-scandal?"

System boot.

Click, click.

Funny - it's off El Universal's front page.

Ok, maybe El Nacional...nope, tiny little refrito of Jesse Chacon's lame declaration.

Union Radio, then? Nope, just Chavez ranting about rivers of blood bla bla bla...

Ermmm...I know: Globo! Nope, it's the ULA riots there.

Harumph...maybe...Descifrado? Blimey, even they've lost interest...

I start to scrape the bottom of the barrel...Notitarde? Nope. El Carabobeño? Nope. Ultimas Noticias? Nope. (God, this is getting really desperate.) Correo del Caroni? Nope. El Mundo? Sidestory.

Jesus, only Venezuelanalysis is giving anything like high billing to the meta-scandal, with a hilariously naive, heavily sanitized, 48 hour old piece (storyline: corrupt magistrate gets his comeupance!)

I find it staggering, but the LVA incriminate-a-thon was a one-day story!

How is that possible? After years and years of speculation and allegations about government meddling in the judicial system, about Gangster Midgets and vicepresidential hairy hands in the Anderson case, after sooo much wondering about what was behind Nicolas Maduro's attacks on Judge María Alejandra Rivas, after all that finally we get an insider who comes out and just hands us the Roseta Stone to kleptobolivarianismo's methods and allignments and the papers lose interest after all of one news cycle?!?

I seriously don't get it. Where are the exposés on Julio Makarem and Pedro Torres Ciliberto? Where are the photo-essays documenting Arné Chacón's lifestyle? Where is the basic curiosity you'd think would push any normal journalist to look into Belkys Cedeño's influence? Are these guys just tarados? Are their editors THAT intimidated? Or has the level of scandal fatigue reached such an extreme that really nobody cares? That it really just isn't news? I can't piece it together...

Quinto Dia to the rescue
The only half-way serious reporting of the behind-the-scenes intrigues of the LVA meta-scandal comes in this Quinto Día piece attributed to a "J.L. Hernández." By his reckoning, the whole thing comes down to the ongoing fight within chavismo between Pedro Carreño's faction and Nicolas Maduro's.

Velásquez Alvaray, himself a Carreño man, had been struggling for control over the court system with Maduro's protegé, Belkys Cedeño, who heads the Caracas Court Circuit. You might remember Belkys Cedeño as the judge who infamously ordered the TSJ's press room shut down and had Judge María Mercedes Prado tossed out of the building to stop her making embarrassing declarations about the reasons she was fired. Prado, incidentally, had been in charge of the explosive (literally) case of the bombing of the Spanish and Colombian diplomatic missions in Caracas back in february 2003. (A signature Helmeyer/Del Nogal hit...but here I really digress...)

According to Hernández, Chávez dithered over which side to back until one of LVA's underlings tried to shore up his own position by currying favor directly with Chávez's mom. This sent Chávez into a fury and sealed the maneouver to purge LVA and his people from the tribunal.

With LVA out of the way, Belkys Cedeño - who has some 60 official complaints lodged against her, and is now the odds on favorite to be the mysterious "La Donna" supposedly heading the Band of Midgets - consolidates the Maduro Faction's ascendancy over the judicial branch. Cedeño, who has a long and malodorous Google Trail, is one of these chavista judges who mysteriously keeps getting picked "by lottery" to rule on very high profile, politically sensitive cases.

Part of what's valuable about LVA's supercharged press conference is that it allows us to start piecing together the always-murky map of who's on whose "team" in the chavista faction wars. We start to get a sense that Maduro and Jesse Chacón head a faction with deep tentacles in the Caracas courts, including Cedeño and Maikel Moreno, the support of TSJ head Omar Mora Diaz, close money links with Jesse Chacón's brother and Pedro Torres Ciliberto, but also financed by Julio Makarem of the NAOR/Vatramafia fame.

Intriguing side-show: in the second recording LVA presented at his dynamite press conference, Judge Rivas says Makarem was actually the go-between sent by Belkys Cedeño to rope her into a conspiracy to implicate first Alberto Federico Ravell (for trying to bribe her) and then Luis Velásquez Alvaray himself. Rivas, who refused to play along, is now paying the price: she's been charged with corruption by the the Prosecutor General's Office.

Unfortunately, since defenestrated Maduro man Jesús Caldera Infante did not defend himself by spilling the beans on the Carreño faction, we don't have a comparable sense of the who's who in the "Barinas Group."

Admittedly the second chunk of this post is just a concatenation of rumors and more-or-less likely conjectures, and more than obviously a single damn blogger in Europe does not have the means to piece this whole complicated puzzle together. Now if Venezuelan journos could FOCUS on this story for more than one news cycle at a time, we might collaboratively figure out how this story whole thing hangs together.

May 26, 2006

The Meta-scandal that all the little scandals fit into...

Wow. Just wow. In the time it takes to give a single, nitro-charged press conference, the Luis Velásquez Alvaray Affaire has morphed into the Mother of All Scandals, the Meta-scandal that all the little scandals fit into. The LVA Affaire is to Chavez-era scandals what Ronaldinho is to football. You can blog for years waiting for a story like this to break. When it does, it's so rich, so multilayered, you barely know where to start digging into it. Just wow...

First off, it's now clear that, as head of the Judicial System's Managing Authority (DEM), Magistrate Velásquez Alvaray had access to a motherload of compromising information about regime higher ups. Much of it is in the form of audio tapes - the first two of which he played at the red hot press conference he called yesterday. It's also clear that he's willing to make a lot of the remaining tapes public if the regime keeps investigating him.

This situation provides a rare window into the inner workings of the bolikleptocracy. In the absence of working institutional mechanisms for accountability and transparency, big dust-ups between insiders become the only way we get a chance to peer into the opaque inner workings of the regime.

Among the minor jewels of yesterday's incendiary press conference, Velásquez Alvaray asked why there has been no investigation on the sudden wealth of a number of regime financiers, including Pedro Torres Ciliberto, Arné Chacón, Maikel Moreno and...wait for it...Julio Makarem. That's right, Mr. Makarem of North American Opinion Research fame, the guy who took out a giant full-page ad to threaten and intimidate Alek Boyd and the rest of us for writing about NAOR, is apparently one of the major regime money-men...and to think we doubted his polls!

But that's just one of the less explosive bits out yesterday's Superfly-Motherfuckin'-TNT of a press conference. LVA went on to confirm, again, that the court system is controlled by the "Band of Midgets" - or, erm, the height challenged - with strong links to drug trafficking and at the very least the tacit support of Vicepresident JVR, National Assembly Chair Nicolás Maduro, and Interior Minister Jesse Chacón. The official line, incidentally, is still that all this stuff about Midget Judges is a kind of urban legend.

I think the point-of-no-return was reached when Velásquez Alvaray took aim directly at Vicepresident José Vicente Rangel - the power behind Chávez's throne, and a guy who's increasingly looking like our little, home-raised Montesinos.

After playing a taped phone call where chavista convicted-murderer-turned-judge Maikel Moreno asks the head of the Supreme Tribunal's Penal Hall for a drug trafficker's release on behalf of "el vice," and another of Rangel himself trying to get a "loose canon" judge taken off of the Danilo Anderson murder "investigation", Velásquez Alvaray asked, "rhetorically," why it might be that Rangel is so single-mindedly concerned with the Anderson case.

He didn't quite say it, but a buen entendedor pocas palabras. Even at this late stage, LVA is still playing this sordid little game of implicit blackmail, mixing in serious allegations with broad hints at much worse stuff to come. At his Improvised Explosive Device of a press conference, the guy danced very close to the edge of a very deep precipice, signalling his willingness to incriminate the VP in the most sensational murder of Venezuela's recent history.

My sense is that he's already gone too far to pull back: Rangel just can't go easy on a guy who's said the things LVA's said, and anyone who's seen The Godfather understands why. But then, the gangland-calculus may not be all that clear for Rangel. Yesterday Velásquez Alvaray said he had "many more recordings" and added explicitly that even if he's killed the remaining audio tapes will come out. LVA has learned the lessons of the Anderson Case well - had he taken that basic precaution, Danilo might still be among us.

Rangel is in a difficult position: he can't be sure what's on the remaining tapes, how much damage they could do, or if they even exist. Maybe it's just a bluff, maybe LVA played his best tapes yesterday to try to psych them out into thinking there's worse to come. Or maybe LVA is sitting on some sort of a smoking-gun tape linking JVR directly with the Anderson Case. Who can tell?

Those are, of course, imponderables. What we do know is that the LVA Meta-scandal is becoming the Venezuelan equivalent of a Freedom of Information Act. All the information coming out is stuff we've presumed existed for years but had no way of accessing. Only when the internecine squabbling between chavista factions gets really really hairy does stuff like this see the light of day. And then, amid the fury of back-and-forth accusations, we get to cash in. Finally we get some sort of handle on the behind-the-scenes intrigues that are the bread-and-butter of intra-regime politics, but which are hidden from public scrutiny in the usual run of affairs.

Eva Golinger had FOIA, we have LVA...

May 25, 2006

TSJ Justice Velásquez turns up the heat in Bolivarian corruption scandal

Katy says: Supreme Tribunal justice and former chavista congressman Luis Velásquez Alvaray (LVA), who was one of the main architects of last year's Supreme Tribunal Law that gave the government the power to pack the courts, has been suspended pending an investigation into alleged corruption. Today, LVA shot back at the government in a press conference chock-full of incandescent allegations and promises of more to come. What follows is a translation of the Globovisión note on the press conference.
"Supreme Tribunal magistrate Luis Velásquez Alvaray shot back claims and allegations, following his suspension from the tribunal imposed by the Republican Moral Council. He regretted, he said, that "one of the watchdogs of the Constitution had violated it through and through, as I am about to show." He also accused Vice-president José Vicente Rangel, Interior Minister Jesse Chacón and National Assembly President Nicolás Maduro of plotting to install "chavismo without Chávez" and of wanting to exclude him from the Judicial Branch so they can "keep abusing their power."

He stated that the campaign against him began with the (murdered prosecutor Danilo) Anderson case, and that it is being orchestrated by Rangel, Chacón, Maduro, and judges Belkys Cedeño and Maikel Moreno.

"Why is Rangel so interested in the Anderson case? Why don't they investigate that more? Everything related to the Anderson case is being hidden from the public", said Velásquez. He said he did not know why they were so keen on hiding everything related to the case, "but Rangel is related to every instance that the Anderson case touches."

He did not wish to state that Rangel was the leader of the "band of midgets," but he did affirm that Rangel knows who its members are, and as proof he played an alleged recording of judge Maikel Moreno asking the president of the Penal Hall of the Supreme Tribunal to acquit a person "convicted of drug-smuggling felonies."

Velásquez also played a recording of judge Alejandra Rivas. Velásquez affirmed that Rangel told him she was partial and demanded Rivas be removed from her post, but Velásquez declined to do so after investigating her and concluding she was an honest judge. Velásquez also stated that he will continue making his allegations, saying "if they want to kill me, go right ahead," and claiming he had "many more recordings."

With the Constitution and a crucifix in his hand, he swore "to the country that I have never engaged in acts of corruption against the State. I have never allowed it, nor will I ever." He said Interior Minister Chacón's allegations against him were "moronic" and that the Republican Moral Council has been "blatantly lying" to the country.

Velásquez reproached the Moral Council for having given Chacón 10 days to clarify his allegations, while his own right to self-defense has been over-ridden. He says the Moral Council "makes up deadlines that do not exist, and I was given only eight days to defend myself." He said the Interior Minister "fabricated" evidence, and called his suspension, announced yesterday by the Prosecutor General, the Comptroller General and the People's Ombudsman, "the circus of the year."

He stated that he will not leave the country and that he will prove his innocence. "We will fight to the end because it is not about me, it is about the constitutionality [sic]. The government has to think about what its Interior Minister, and now the Republican Moral Council, did. They are attempting a political murder."

Podcast: Fecal Matter-Ventilation Equipment Collision Chronicles...

The "Republican" (ha!) "Moral" (guffaw!) Council has suspended Luis Velásquez Alvaray from the Supreme Tribunal...incrimination counteroffensive imminent...kick back and enjoy the show...

May 24, 2006

Shoe on the Other Foot Chronicles

After years and years of broadly sympathetic coverage, the New York Times' Juan Forero writes a mildly critical piece on Chavez amazing backfiring hemispheric strategy and guess who doesn't like it one bit...

Then, the opposition wins a couple of mayoral by-elections in Miranda State and guess who starts calling for a manual count...

May 23, 2006

"Rumours that I am directing a film about the 2002 coup in Venezuela are untrue and unfounded."

The other day, when Chavez announced Oliver Stone would direct a film about the 2002 April Crisis, my first reaction "well, the guy is the perfect choice - Hollywoodizing a jumble fact and fiction for obscure political purposes is what he's all about...Chavez'll love it..."

But then, Stone has been moving towards the more conventional gringo-jingoistic pap that sells at the box office, so maybe this one's not so surprising after all:
Oliver Stone has denied been linked with a movie depicting the 2002 coup in Venezuela, in spite of an announcement by President Hugo Chavez.

Sheesh...where does he get this stuff?

May 21, 2006

The Messiah Thing

In London, Chávez told assorted PSFs that he intended the Bolivarian Revolution to "save the world." Yesterday, on his return, he said "the world has more and more hope in the Bolivarian Revolution." Little by little, the rhetorical field of endeavour for chavismo has shifted up a notch, from merely Latin America to the world as a whole.

Now, for years it's been clear that the guy had a bit of Messianic complex, but I'd never thought to take that literally. Alas, that's what we're dealing with now - the salvation of humanity is what he thinks this is all about.

The sheer hubris in this kind of declaration is pretty stunning...as is the utter collapse in common sense it takes to fail to see it. Y'know, if alarm bells aren't going off in your head when the guy in front of you tells you he intends to save the world, you've got some growing up to do (I'm looking straight at ya, Ken...)

I mean, there's overreaching, and then there's overreaching. I think we're pretty obviously in overreaching territory here.

May 20, 2006

Everybody's doing it...

Criticisms of Chávez's amazing, morphing strategic association contracts just got a whole lot harder to sustain:
Oil producers fume at ‘third world’ profits grab
The US oil industry charged the government with behaving like a third world despot after the House of Representatives voted to punish companies if they refused to change contracts to give the government a bigger share of rising oil profits.

“We live in a nation of laws,” said John Felmy, chief economist at the American Petroleum Institute, which represents US oil producers. “This is not Caracas or Moscow.”

The House of Representatives voted late on Thursday to eliminate billions of dollars of royalty incentives for oil and gas producers operating in the resource-rich Gulf of Mexico. The measure, which lawmakers approved by a vote of 252 to 165 as part of a broader domestic spending bill, would also compel energy companies to renegotiate the contracts that govern their drilling operations in publicly owned waters off the Gulf coast.

The House has generally been more protective of oil industry interests than the Senate, making it likely the provision will become law.

In order to encourage oil and gas production in the deep waters of the Gulf of Mexico, the Clinton administration in the late 1990s signed roughly 1,000 contracts with producers that exempted them from paying the usual 12-16 per cent royalties to the federal government on sales of hydrocarbons extracted from the Gulf. With oil prices hovering at $70 per barrel and natural gas prices at roughly $6 per thousand cubic feet, the Government Accountability Office earlier this year estimated that these royalty exemptions could cost Washington $20bn (€16bn, £11bn) over the next 25 years.

May 19, 2006

Two Podcasts in One Day

Caldera Infante and The Incredible, Vanishing Luis Velasquez Alvaray Scandal

(This one's a direct link - just one click should get the audio playing.)

Podcast, anyone?

Right, well - having worked out (I think) the technical bits - here's the first Caracas Chronicles Podcast...

May 18, 2006

Cry me a river...

Here's one to turn your stomach: Jesús Caldera Infante, the former head of Fogade who was so corrupt his own staff rebelled rather than continue covering up for him, now says he's a victim of "political persecution." Responding to Assemblymember Pedro Carreño's investigation into his misdeeds, the guy says Carreño is only out to get him to forestall his intended run for the Táchira State governorship.

[Which, for all I know, could be true: a fight between Pedro Carreño and Caldera Infante is more or less a fight between Al Capone and Bugsy Siegel as far as I'm concerned.]

What's galls me is the way kleptochavistas who, exceptionally, get into trouble immediately turn around and cynically co-opt the language used by the scores of real victims of chavista political persecution. Nevermind that the guy is STILL the top bureaucrat in the Carabobo State Government - nevermind that he's never been tried, or even indicted, or even faced more than parliamentary censure. Nevermind that he's still living high on the hog off the money he embezzled. Barf.

What's serious, though, is that Caldera Infante's preposterous gripe muddies the semantic waters, tending to raise questions about ulterior motives when real persecuted dissidents cry foul. Which isn't just infuriating, it's dangerous.

May 17, 2006

Bolivarianism and the (Re-)Birth of Hemispheric Politics

Over the last year or so, something new has happened in Latin America. For the first time since the heyday of Fidelista aggitation in the 1960s and early 70s, politics is now occurring on a hemispheric basis. Decisions taken in one country have consequences throughout the region; leaders increasingly find themselves operating on a Latin America-wide context.

Needless to say, I'm not much given to acknowledging Chavez's 'achievements' - but on this one, well, there's no getting around it: the re-birth of politics on a Latin American basis is clearly down to the decisions he's taken.

Evo Morales, more than any leader in recent hemispheric memory, owes his election to decisions taken by foreigners: now Bolivia's energy policy is made in a pétit committé with Fidel and Chavez. Lula, more than any other Brazilian leader in recent memory, finds himself caught managing a hemispheric crisis: now his poll numbers hinge on Evo's decisions. Peruvians and Mexicans, more than at any time in the past, find themselves in an internationalized election campaign: these days, the attack ads they see on TV take aim at a foreign head of state.

Chavez is at the root of this regionalization of political life - which more and more configures a genuinely hemispheric political sphere.

Maybe those of you who are a bit older find all this a bit less strange. Me? I was born in 1975, so I've only read about the last period of real hemispheric politics from history books. It feels very new to me - this sense that the rules of the game in Latin American politics are changing before our eyes, that the politics of any one country are no longer understandable without reference to what is happening in the rest of the region, in a process that tends to reconfigure Latin American politics more and more into a transnational game.

And here, for the first time, I start to get a sense of what Chavez means by Bolivarianism.

In purely domestic terms, the tag makes very little sense: Bolivar, the classic 19th century liberal, had a political vision that shares almost nothing with Chavez's grab-bag statism. For a long time, my sense had been that Chavez had simply co-opted the Libertador's name to exploit Venezuelans' deep-seated emotional link with his figure. But as we see Chavez's vision of a hemisphere-wide politics increasingly turn into a reality, we get a sense of what he actually means by bolivarianism: a disruptive transnational politics.

It's easy to see that his is a kind of impoverished Bolivarianism - one stripped of Bolivar's obsessive concern with establishing a formal legal basis for authority in the nascent Latin American state, one that's actually opposed to the enlightenment tradition of reverence for republican virtue that permeates Bolivar's thought. From Daniel O'Leary and Antonio José de Sucre we've passed into the hands of José Vicente Rangel and Ramiro Helmeyer. In Chavez's hands, Bolivarianism keeps its hemispheric ambition and its disruptive radicalism, but loses the liberal-republican heart of Bolivar's vision. As an ideology, it's a bit of an arroz-con-pollo sin pollo.

But in terms of internationalizing the political life of the hemisphere, you gotta hand it to him.

May 15, 2006

Rayma strikes the right note




Katy says: With all due respect to Weil, this cartoon by El Universal cartoonist Rayma Suprani is rather brilliant. How best to sum up the petro-dollar carnival that is Chávez's European trip?

(Note: The third sign clockwise reads "Pay up to the SENIAT", our local tax collection agency).

Perhaps next year Chávez will get lucky and be crowned Carnival Queen of Gualeguaychú.

"Thank you, my foolish friends in the West"

Ian Buruma, a prolific Anglo-Dutch intellectual, nails Chavez in yesterday's Sunday Times. His little screed must be one of the most clear-headed, digestable-to-foreigners anti-Chavez polemics I've seen in print. [Nod to Alek for the link.]

Google sez...

Behold Google Trends - the net toy that tells you how many people are searching Google for what.

Fun fact number one: more people are searching for "Castro" than for "Chavez" on any given day.




Fun fact number two: only in Venezuela do more people search for "Chavez."



Fun fact number three: Castro isn't the only barbudo who gets more searches than Chavez.



Make of it what you will...

Trust Harry Hutton to point me to cool new net gadgets in the silliest of possible contexts.

May 14, 2006

Dissociated Opposition Chronicles

Nothing is quite so obnoxious as seeing the Opposition confirm, through its behavior, bits of overheated chavista rhetorical vilification. The classic one here is the charge of "dissociation" - of a deep disconnect with the new sociopolitical realities of the country. The charge has always been part truth, part overheated rhetoric. Now and then, though, an Opposition figure makes a move so aggressively ill-conceived, so psychotically detatched from political realities clearly visible even from an ocean away, that I can only shake my head in staggered disbelief.

Yesterday, former Táchira governor Sergio Omar Calderón - perhaps best described as a second-tier provincial ancien regime dinosaur with a quadruple common-sense bypass and the electoral appeal of a neutered chihuahua - threw his hat into the presidential ring representing - wait for it - COPEI, a political party that Calderón - alarmingly - seems to believe still exists.

That Calderón - or, indeed, the skeletal remains of COPEI - could be so fantastically cut-off from political reality to think the guy could actually make a credible candidate (let alone have a chance of actually beating Chavez) demonstrates such awesome inanity, such an aggressively warped misunderstanding of contemporary Venezuelan politics you can only hang your head in despair.

And here we come back to a fundamental, festering, unaddressed problem with the entire Opposition political class - one I've mentioned before: there is no mechanism to induce a Venezuelan politician to retire, to change occupations, to just plain stop hanging around fouling up the public sphere once they're past their sell-by date.

For the love of christ, RAFAEL CALDERA (who was already graying when he met Allende) is still writing newspaper columns - SEVENTY FOUR YEARS into his political career. (Watch for him to launch his campaign on the Convergencia ticket any time now - la propia generación de relevo.)

Pardon my exasperation, but it's maddening. They simply don't stop. They stay in the public sphere for years or decades after they've become a liability. There's no getting rid of them.

OK, just wanted to get that off my chest...

[/rant]

May 13, 2006

ConTradeIctions

The more you think about the revolution's trade policy, the less sense it makes. On the one hand, we hear Chavez attack any country that considers a Free Trade Agreement with the US in the crudest of terms. On the other, we see Venezuela's bilateral trade with the US skyrocketing. Why? Because our one big export product already has tariff-free access to the US market...

In fact, Venezuela already has a kind of de facto, rough and ready FTA with the US. Our major export product faces no market access issues up north. Under those circumstances, it's enormously fresh for Chavez to go aggro on any country that seeks to secure similar market access for its main export products via negotiations. No matter - petty political advantage is to be had, and Chavez is not minded to pass up any opportunity in that regard.

In fact, the La Paz-Caracas-Havana Juggernut's discourse on trade is as confused as confused can be. Think of the Cuba angle. For 45 years Fidel has been blaming any and every problem on the island on the US trade embargo. In official, fidelista discourse, then, it's the absence of trade with the US that makes countries poor. Ummmm...shouldn't Fidel be the hemisphere's number 1 fan of bilateral FTAs with the gringos, then!?

Nah, the cookie doesn't quite crumble that way. The Axis of Evo's guiding political principle is far cruder than that: whatever the US wants must be bad, whatever the US doesn't want must be good. They don't like free trade with Cuba? Free trade with Cuba must be wonderful! They do like free trade with Colombia? Free trade with Colombia must be the road to perdition!

May 12, 2006

The Un-Trade Agreement...

Well, thanks to Virginia I now have the text of the People's Trade Agreement Venezuela, Cuba and Bolivia signed last month, and the thing is so amateur hour it's unreal.

Just for starters, the thing assumes you can just decree non-tariff barriers away - without the complex process of regulatory harmonization the process entails in the real world. For another, it just has no rules of origin. At all. All it says is "The governments of the Bolivarian Republic of Venezuela and the Republic of Cuba will immediately proceed to remove tariffs and other non-tariff barriers that apply to all imports within the tariff universe of Cuba and Venezuela whenever they apply to products originating in the Republic of Bolivia." It simply fails to address the question of what products, specifically, count as "originating in the Republic of Bolivia."

This is a dicier issue than you may think. Say Venezuela has a 30% tariff on widgets. Goods "originating" in Bolivia are now excempt from that tariff in the Venezuelan market. Now say Bolivia has only a 1% tariff on widgets. What's keeping an Argentine widget producer from exporting its widgets to Bolivia, paying the 1% tariff, and then selling on the widgets to Venezuela tariff free?

Nothing at all in this agreement, since the drafters just olympically skipped the definition of "originating in" - which is one of the most basic negotiating points in a Free Trade Agreement these days.

(For a taste of what a contemporary Rules of Origin agreement can look like, click here.)

If you sign a free trade agreement with no mechanisms at all to prevent transshipment, you're effectively handing over control of your tariff policies to your trade agreement partner: whenever his tariff is lower than yours, importers will just ship the goods into your partner's territory, pay the lower duty, then transship the stuff into your country duty-free.

This is really Trade Diplomacy 101 - it's staggering how they just "missed" this little detail.

(On the other hand, there will be some handsome arbitrage opportunities out there for importers who figure out how to exploit this latest chambonada.)

Help

Can someone find me a text of the Tratado de Libre Comercio de los Pueblos? Google isn't helping me here...

May 11, 2006

Gringo dough makes Chavez go...

It's a shameless rip-off, but just for those of you who haven't seen it, I'm reproducing this graph of Venezuelan imports from and exports to the US, from Miguel's blog.


Just something to keep in mind as you read the piles of newspaper reports about how cash flush Chavez is. Hmmmmm...where are all these mountains of dollars coming from, anyway? From gringo drivers!

"No me ayude, compadre..."

Just a few weeks ago, it looked like the Castro-Chavez left was on a roll in its struggle for hemispheric supremacy against the Lula-Bachelet left. With Ollanta Humala on a roll in Peru and Lopez Obrador holding on to his longstanding lead in Mexico, the Anachronistic Left looked primed to add two big countries.

Things haven't quite gone as planned. First off, Humala and Lopez Obrador's challengers started making Chavez's meddling an issue in the campaign. And the mudslinging has been effective. Humala seems stuck about 10 points behind Alan Garcia in the peruvian polls, and even more startlingly, Lopez Obrador's lead has evaporated. It's early day yet, no question, but it sure looks like Humala and Lopez Obrador would be doing much better if Chavez had just sat on his hands during the campaign...

May 10, 2006

Cassandra Chronicles

Just to prove that there's nothing creepier than a delusional paranoid with a long track-record of being right, here's Alberto Garrido's latest column:

Real Time
by Alberto Garrido

Though it hasn't come to a head yet, the continental polarization between Bush and Chavez has accelerated. On the one hand, the Chavez-Castro-Morales block decided to launch the socialist revolutionary triangle through pressure tactics on the energy front. Its space (for now) is the Americas, without national exceptions. The polarization pressed by Cuba, Venezuela and Bolivia puts an end to the interamerican institutional transition stage, because it clashes with its strategic interests, which are geared to establishing socialism on a continental scale.

The Andean Community is not necessary, because it helps the US on the road to FTAA, via the bilateral free trade agreements. By the same token there's no need for the Group of Three, Colombia-Mexico-Venezuela, because Mexico and Colombia have deals with the US.

Uruguay, disenchanted with "this" Mercosur run by Brasil and Argentina and edging to sign its FTA with Washington; Ecuador, which feels tempted to sign an FTA, like other countries that find themselves in similar situations, have gotten the message. Even Brazil and Argentina, which tried to use Chavez and Venezuela's oil as a way to softening up Washington and getting an FTAA Lite (i.e., one that solved their trade disagreements with the US), have to choose between what they understand their trade interests to be and their future energy needs.

Chavez's radical behavior goes far beyond the electoral - whether domestically or internationally. Humala didn't understand that. Much less have Lula and Kirchner digested it. The great continental polarizer is Chavez. This is the time of the States, but the time of the peoples is nearing, represented by parties or movements, even if those peoples have the petro-states as strategic weapons.

This is why the deal signed in Havana is the Free Trade Treaty of the Peoples. This is why Chavez says that the concept of "integragion" has to be changed in favor of "union", which comes closer to the bolivarian ideal of the greater fatherland. It's just that this union shall have to come about in the context of a socialist Latin America and Caribbean, and that strategy goes through a number of stages, among which the crucial one is the asymmetric resistance war against the US.

Without fully understanding what they're facing, the White House keeps, meanwhile, working on a hypothesis of "multiple wars" within the framework of a global war. This explains why Porter Goss has been jettisoned from the CIA, leaving room for Michael Hayden, a general from John Negroponte's team and one of the most hard-line hawks in the Reagan and Bush II administrations.

The Pentagon already controls almost 80% of the spying and intelligence budgets in the US.

Meanwhile, according to the Washington Post, Donald Rumsfeld has given the green light to setting up Special Forces in Latin America with "absolute freedom to act," as the Pentagon will not have to ask for permission from the State Department of those countries where they are stationed.

Let those who have eyes use their common sense.

May 9, 2006

Arroz con leche, te quiero proteger...

Con un subsidito de la capital...

One last go at the WTO, and then I promise to get back to, um, writing things you all want to read about.

Accounts of the WTO invariably stress the comprehensive, global nature of the institution. Mentions of a "global trade deal" and the body's "149 member countries" pepper newspaper accounts. The WTO itself likes to stress its encompassing nature, which tends to give rise to some grandiloquent, sometimes apocalyptic rhetoric in favor or against the organization.

This whole discourse, while technically accurate, is actually quite misleading. It is true that, in some formal legal sense, WTO negotiations cover all trade topics for all 149 member countries. But, in practice, the impasse is over a quite limited number of highly protected products. In most markets, tariffs are already too low to have a really serious impact on the pattern or volume of trade.

This is especially true of industrial products: manufacturing tariffs average less than 3% worldwide. Only in textiles and clothing are there a significant number of "tariff peaks" that seriously distort trade. Elsewhere, tariffs are so low they barely register in producers' or consumers' decisions.

Even in agriculture, which is far more heavily protected than industry, tariffs and subsidies are far from evenly distributed. What you see is just a few products protected by very high tariffs - reaching up to 200% for milk imports into the EU and over 700% for rice imports into Japan - while most food trades much more freely:

[The current situation is represented by the top (light blue) line. The dark blue line represents the EU's current proposal for dropping its tariffs.]

The really bitter disputes, the ones leading to deadlock, are over the treatment of a handful of coddled products. Tariffs on rice, milk, and sugar make up a startlingly large chunk of the impasse. In a way, the unending deadlock is over rice pudding - arroz con leche - the world's most distorted dessert. The three things you need to make yourself a nice arroz con leche, together with a handful of other products (bananas, cotton, beef, chicken meat, and tobacco) make up a very small proportion of world trade, but account for a very large proportion of the rents generated by protectionist trade policies.

This explains why economic models simulating the impact of a new WTO deal usually predict relatively small welfare gains - around 0.15 to 0.4% of global GDP. In fact, most markets are already liberalized in most countries, so the additional impact from liberalizing the handful of holdouts is not very big.

The concentration of tariff peaks around just a few products also explains why agreement has been so hard to reach. The current system concentrates the benefits from protection on a tiny, cohesive group of farmers who find it highly profitable to organize themselves into lobbies in order to defend their rents. Those lobbies, lavishly funded and very well organized, come to dominate their countries' trade policy stances. In effect, the less you negotiate about, the harder it is to agree.

So don't be fooled by the headlines about "deadlock in global trade talks." What they're really deadlocked about is arroz con leche...

May 7, 2006

Creative Diplo-bureacrats and their Little Boxes

One obvious feature of the Multilateral Trade Regime is its mind-numbing, technocratic, outsider-baffling complexity.

It's ironic, actually, because when the worldwide trade regime was launched in 1947, one of its big selling points was supposed to be its simplicity. At the time, economists blamed the severity (if not the onset) of the Great Depression on the self-defeating trade policies of the 1930s, when countries tried to gain an edge on their neighbors through competitive devaluations and increased tariffs. Without a single, straightforward, universal set of rules for trade, there was no mechanism to stop that process. Rather than replicating the baffling jumble of overlapping bilateral and regional trade treaties of the 30s, John Maynard Keynes and the architects of the Bretton Woods system thought it would be much better to have just a single, general agreement on tariffs and trade to cover trade between all countries.

Sixty years later, the system we have is, if anything, way more complex than anything the world saw in the 1930s. It's not just that the jumble of bilateral and multilateral treaties is back (the so-called "Spaghetti Bowl" of Free Trade Agreements), it's that the WTO regime itself has grown incredibly complicated.

So what happened?! Well, six decades of letting trade creative diplo-bureaucrats swarm over the fine print of the original agreement, that's what happened. As the trade regime has grown to include more and more countries and deal with more and more issues, the agreements have inevitably gotten more and more complicated.

As more and thornier issues got thrown onto the WTO's plate, agreement became harder and harder to reach. Rather than accept deadlock, negotiators worked to finesse their differences creatively, by making finer and finer bureaucratic differentiations that allowed them to split the difference somehow. As the salami got sliced thinner and thinner, agreement became possible, but only at the cost of more or less giving up on the WTO's founding vision as a simple, straightforward, understandable set of rules for trade.

Archaeology of the Agriculture Deadlock
The clearest case of diplo-bureaucratic salami slicing is the whole, byzantine world of Agricultural Subsidy talks. The current, weirdly convoluted system dates back to the 1970s. It was already clear to trade negotiators back then that you couldn't liberalize trade in food just by lowering agricultural tariffs, because farm subsidies also played a major role in distorting markets. In fact, you can trace the heritage of the current deadlock in agricultural negotiations back at least 30 years. It all started in the Tokyo Round, the first time negotiators tried to strike a deal on farm tariffs and subsidies and failed.

Why? Well, at that time the point was fairly straightforward and understandable: rich countries subsidize farmers, the subsidies distort markets, therefore rich countries should stop subsidizing farmers. Only problem was, there was no way in hell rich countries would agree to that. So then the debate moved on to reducing farm subsidies, but that negotiation led to a deadlock as well. Discouraged, negotiators decided to focus on less controversial issues (industrial tariffs, mainly) and the Tokyo Round ended in 1978 with no agreement on agriculture at all.

By the time the next round of negotiations was launched in Uruguay in 1986, the debate on agricultural subsidies had been stagnating for eight years. This time, though, half the organization wouldn't agree to an overall deal unless there was some progress in agriculture, so pretty soon the diplo-bureaucrats realized they needed to get creative.

"Hmmmm," somebody thought, "this is a tough one. It's true that there are a lot of farm subsidies out there, but not all subsidies are created equal. Some farm subsidies really distort trade a lot - for instance, the ones that are paid on the basis of total output, and so create an incentive for farmers to overproduce outrageously. Those are bad, we want to get rid of those. But there are other ways countries subsidize farmers, for instance by paying them to maintain habitats for native wildlife. That doesn't distort trade! Maybe if we split subsidies into 'good' subsidies and 'bad' subsidies we can reach an accomodation where you limit the bad ones but leave the good ones alone."

Out comes the salami slicer, and in comes the first new classification. So they go back and negotiate on that basis for a while, and eventually realize it's still not leading to an agreement. So then another diplo-bureaucrat gets creative.

"Hmmmm, well, even the trade distorting subsidies aren't really all alike. Some are really trade distorting, and some are only kind of trade distorting. Maybe if we differentiate between those, you'd have a basis for agreement. Hey, we could 'color code' them like a traffic light: red for really bad subsidies, amber (which is what Brits call a yellow light) for kinda bad subsidies, and green for good subsidies."

Thinking inside the box
Thus the baffling-to-all-but-insiders WTO Subsidy "Box" system was born. Good subsidies would go in the "Green Box" and would not have to be cut. So-so subsidies would go in the "Amber Box" and would be limited but not eliminated. Bad subsidies would go in the "Red Box" and would be banned.

So then they go back into a little room and negotiate on that basis for a while. And, guess what, they still can't come to an agreement. Nobody likes the concept of a banned box, so the whole idea of a "Red Box" ends up getting tossed aside. The "Amber Box" comes to include all the highly trade distorting trade subsidies.

At the same time, all countries think they should have a minimal level of subsidies they can give without anyone being able to challenge them. Thus, the De Minimis Box is created.

So they go back and negotiate on that basis for a while. But pretty soon the gringos realize they spend so much on trade distorting agricultural subsidies that they can't accept an Amber Box/Green Box/De Minimis Box classification either.

So - you can already guess where this is going - they whip out the salami slicer again. This time they decide that maybe if they can create a new box to put some of the US subsidies into, then maybe they can reach an agreement.

Next thing you know, you have a Blue Box, notionally housing subsidies that are worse than Green Box subsidies but not as bad as Amber Box subsidies. Everybody can see that the Blue Box is a trick - the subsidies the US wants to put in the Blue Box are just about as bad as Amber Box subsidies. But, politically, there can be no overall agreement without this one last slice of the salami. So, grudgingly, they agree to that.

And so, finally, eight years after the Uruguay Round started, they get an agreement...except the deal is based on an Amber Box/Blue Box/De Minimis Box/Green Box classification that just makes no sense at all outside the context of the negotiating history of the Uruguay Round.

The current box scheme is just plain meaningless in economic terms, baffling to non trade diplo-bureaucrats, and miles and miles away from the principle of simplicity that the multilateral regime was founded on. Hell, even the original traffic light analogy has gotten all screwed up: who's ever come up to a stoplight with a yellow light, a green light, a blue light and a de minimis light? Just screwy.

What interests me is the way the nature of the negotiations inexorably generates complexity in the system. The WTO is a consensus based organization: all members have to agree for a trade deal to become binding. So when there's deadlock, your only alternatives are creative solution making or giving up on the whole crazy Rube Goldberg machine.

Time and again, the creative solution makers win, and some new category is made up to allow countries to finesse their differences. The cumulative outcome, however, is a multilateral regime that only adds one layer of complexity after another with each new set of negotiations. John Maynard Keynes is rolling in his grave...

May 6, 2006

Through the WTO Looking Glass: The Food Aid Fight

Nothing in the world of WTO negotiations is quite the way you'd expect. One startling example is the sprawling controversy over the US Food Aid program - at first sight, one of these motherhood-and-apple-pie programs only a monster could oppose. Hey, humanitarian disasters happen, people go hungry, and the US has a mechanism to make sure they get enough to eat: who could possibly be against that?

Plenty of people, it turns out, including - remarkably - many of the recipient countries. Lofty rhetoric aside, it's been clear to them for some time that the way the US operates its Food Aid program is just an agricultural surplus disposal mechanism in disguise. When a good harvest threatens to create a glut of food in the US, which could cause farm gate prices to collapse, the US government steps in to buy the excedent. Rather than storing it or letting it rot in the fields, they then package it up in nice, star-spangled banner sacks and ship them off to the third world - whether the food is needed or not. In fact, more than a few studies show that US Food Aid shipments are closely correlated with the size of the harvest in the US in any given year, and not at all related to food shortages abroad.

From an economic point of view, then, US Food Aid often amounts to an agricultural export subsidy by another name. The effect of so much cynical largesse is typically to depress prices in the recipient countries - hey, for local farmers, "free" is a tough price to compete with. Food Aid shipments thus tend to drive local producers out of the market, arguably exacerbating local poverty conditions.

The surreal outcome of all of this is that, in the Doha Round, one of the thorniest of the "second-tier deadlocks" involves very poor countries begging the US to stop giving them free food, while US negotiators manouver furiously to keep those aid flows going!

Into this fray comes the European Union, which gives its food aid mostly in the form of cash. It's true that US Food Aid works to depress food prices in recipient countries, so the program puts EU food exporters at a disadvantage in those markets. But it's hard to believe that's the real reason the EU is so fantastically worked up about the problem.

My feeling is that the EU is always looking for new issues to put on the table to divert attention from its own very high farm tariffs. Food aid offers the EU a rare chance to be seen siding with the poorest countries against the big, bad US - and a chance to argue that they're not the only ones to use agricultural export subsidies, it's just that the US calls them something else.

Now, the EU has been driving a very hard bargain on this issue - actually, a bargain entirely out of proportion to the issue's actual relevance to EU farmers. And here you start to see the way the structure of the negotiations gives ample room for tactical posturing and diversionary negotiating stances. It's hard to believe that the EU really cares all that much about US Food Aid, but it's easy to see how keeping the discussion centered on Food Aid ensures that it's the US that does the squirming, not the EU. The EU can then use the issue as leverage in the rest of the negotiations - and, of course, looking for second-tier issues to hold as bargaining chips against the first tier issue is much of what the minor sport of WTO positioning is all about.

May 5, 2006

Primer on the WTO's Triangular Deadlock

Well, I've just finished my week-long WTO Negotiation Simulation (so be prepared to be bored silly with the details.)

I have to say it was fantastic. The session was run by real-world trade negotiators, which kept it sophisticated and realistic. The simulation chairman, who represents South Africa in the real talks, pushed us hard to reach an agreement - which, at the cost of some realism, we did. None of us, however, was under any illusion that our simulated agreement could work in the real world. Just the opposite: as the simulation progressed, it became clear to all of us that the "zone of possible agreement" could only be reached if all the delegations gave up not on this or that peripheral point, but really on their main negotiating goals. In that sense, the exercise was valuable mainly in giving us a much more detailed, nuanced understanding of where the tangle of deadlocks really lie and why the multiple impasses have been so unmanageable.

For the few of you who really care, and at the cost of some heavy-duty oversimplification, it goes something like this:

At the center of the Doha Round there's a three-way deadlock between the three main players on the three main topics up for negotiation - a fundamental impasse we came to call "the triangle." The three players are the European Union, the United States, and the G20 group of relatively advanced developing countries - which includes Brazil, India, South Africa, Thailand, Argentina and China (and, incidentally, Venezuela as well.) The basic problem now is that these three have to agree on three very tough topics: agricultural tariffs, agricultural subsidies, and industrial tariffs.

Each of the three big players has two offensive interests (where they try to get the other two to liberalize) and one defensive priority (where they want to avoid having to liberalize themselves.) The kicker, of course, is that each player's defensive priority is also the other two players' offensive priority. Visually, it's like this:


Of course, this is a highly schematic way to set it out, and leaves out a lot of contradictory detail - the lavishly tariff-coddled US sugar industry could only smirk at all this. Still, as a first approximation to the deadlock, the triangle is a pretty good tool. It allows you to appreciate the neat symmetry in the three-way deadlock. Each issue pits two of the blocks against the third, in a kind of round-robin of futile alliances:


Why does it end up breaking down like this?

Well, take the Europeans first. The EU negotiates defensively on agricultural tariffs because EU farmers are protected chiefly by high tariff walls, and many would find it very hard to survive without them. So the EU's first negotiating priority is to avoid having to cut them seriously. Though European farmers also benefit from high subsidies, the EU's Common Agricultural Policy has been extensively reformed in the last two years to ensure those subsidies are allowed under WTO rules - so the EU has an interest in seeing other partners, especially the US, reform and lower their own farm subsidies as well. At the same time, European industrialists are strongly interested in selling their manufactured goods all over the world, so their foremost offensive priority is to get lower industrial tariffs in the US and G20 markets.

The United States, on the other hand, negotiates defensively on agricultural subsidies, and offensively on agricultural and industrial tariffs. US farmers are protected mostly by high subsidies, which have not been reformed to conform with WTO rules. So the US Trade Representative's major red-lines concern avoiding deep cuts in farm subsidies. Although US farmers also benefit from high tariff walls, on the whole they are not as high as Europe's. US farmers operate on a larger scale than European farmers and have higher productivity, so they could survive and thrive with lower tariffs if the EU would also drop theirs. And just like the Europeans, US industrialists are strongly interested in selling their manufactured goods all over the world, so negotiating for lower industrial tariffs in the EU and G20 markets is an offensive priority.

Though there's a lot of heterogeneity in the G20 - hell, Egypt is a G20 country! - on the whole G20 farmers enjoy few subsidies and strong comparative advantages in agriculture: if world food markets were not so distorted, the G20 would "feed the world." Their negotiators therefore push to secure deep cuts in farm tariffs and subsidies in the rest of the world. Though the G20 is officially an agriculture-only club, and therefore doesn't have an official position on industrial tariffs, everybody knows that many G20 industrialists - particularly in Brazil, Argentina, South Africa and India - are not competitive enough to survive if industrial tariffs are cut substantially, so most G20 countries negotiate against having to lower their own industrial tariffs. (This, obviously, doesn't apply to China.)

The tangle of irreconcilable differences arising from the triangle is frightful. The European Union will only agree to cut its own farm tariffs if the US cuts its farm subsidies and the G20 sharply lowers its industrial tariffs, but both the US and the G20 find these proposals unacceptable. The US will only cut its own farm subsidies if the EU sharply lowers its farm tariffs and the G20 quickly drops its industrial tariffs, but both the EU and the G20 find those proposals unacceptable. And the G20 - well, if they had a position on industrial tariffs, which they don't, it would be that they would only drop their own industrial tariffs if the EU and the US will cross their own "red-lines" on farm tariffs and subsidies respectively, which neither is willing to do. Put together, the three sets of red-lines generate an insurmountable deadlock.

The Obvious Solution
Now, you don't have to be a negotiations expert to notice a fairly straightforward potential solution to all this: for all three players to make deep concessions on their own defensive priorities at the same time. That way, each would give on their one defensive issue, but get on their two offensive priorities. This, in fact, is the solution we reached in the simulation exercise. And, of course, the real negotiators in Geneva are not stupid: they realized long ago that if there is going to be a deal, it will have to be something along those lines.

What's really interesting, though, is that this kind of common-sense solution just won't fly: they've been trying to hammer out a deal along those lines for 5 years now, and there seems to be no way to square the triangle.

The reason, I think, is that trade negotiators consistently prioritize their defensive interests over their offensive interests. As one of the speakers quipped to us this week, "no WTO negotiator has ever lost his job for saying 'no', but plenty have lost their jobs for saying 'yes.'" And with good reason: the costs you incur from caving on your defensive interests are real, rapid, and tangible. But the benefits from getting a concession on your offensive interests are uncertain, evanescent, nebulous...if they come, they rarely come right away.

If you take away a European farmer's tariff protection he notices, immediately, because the price he gets for his product falls. If the EU gets Brazil to agree to lower its own industrial tariffs, on the other hand, any given European exporter may or may not get any of the benefits. He may find that those lower tariffs just allow their US or Chinese competitors to make off with the extra market share. They may find that Brazilians don't like their brands as much as expected. The boat carrying their product could sink. Any number of problems could crop up that overwhelm the benefits, to him, of the agreed cuts in Brazilian tariffs. So getting that lower tariff in Brazil is a gain for the EU, but it's a gain in a strangely nebulous, highly uncertain, off-in-the-future kind of way.

Defensive bias
For these reasons, producers are generally much more interested in lobbying to protect their defensive interests than they are in lobbying to further their offensive interests. Defense has a built-in advantage in the Doha Round, and the primacy of defensive interests in the triangle seems to be the main reason for the impasse.

This is a problem in all three trade blocks, but it's not a symmetrically distributed one: it's much more of a problem in Europe than elsewhere. European politicians are petrified of the reaction they could get from their farmers if they cut farm tariffs deeply, no matter what concessions they get elsewhere. The problem is compounded by the low level of engagement by the EU's offensive interests: the industrial lobby, whose support European negotiators badly need, sees little to gain from further tariff cuts abroad, largely because industrial tariffs are already, generally, quite low worldwide.

Interestingly, the US that has the most flexible position in the round, because their defensive priority is the easiest to fudge: the way the negotiation has developed is that only the most "trade distorting" farm subsidies would be sharply cut, while subsidy programs that are designed to be "minimally trade distorting" are still allowed. In theory, the US could agree to sharply lower its "bad" subsidies and then just shift the money over to "good" subsidies, leaving gringo farmers as well-off as they were before. All they would have to do is reform their farm policies. Indeed, that's precisely what the EU did with its own Common Agricultural Policy in the last few years. It's not politically easy, but it's not the end of the world either. For that reason, both in my simulation and in the real negotiations, the US has had a more moderate position than the EU and the G20. "Caving", for the US, would mean reforming their farm subsidies, not giving them up outright. So the US side of the Triangular Deadlock looks to be the most manageable of the three.

The G20, meanwhile, has the most offense-minded position of the three: the benefits from liberalization to their agricultural exporters are quite well established and visible to their farm lobbies. The G20's problem is a bit different: their defensive priority is industrial tariffs, but those are already very low for most products in almost all countries. In order for a G20 concession on industrial tariffs to be meaningful for the EU and the US, the G20 countries would need to make extremely aggressive cuts on the tariff lines they still have. The EU, for instance, is calling for a deal that radically cuts all tariffs and allows no single tariff to remain above 15%. This is an extremely aggressive stance, and one several G20 countries simply couldn't stomach. Kirchner, in particular, would never in a million years agree to a cut on that scale. Though the G20 does not have a single position outside of agriculture, the working guess is that the group wouldn't agree to cut its highest tariffs below 40% or so. (Needless to say, the second G20 countries float that sort of position, the EU loses all interest in serious agricultural tariff cuts.) My point here is simply that the gaps we're looking at are so wide that any question of somehow "splitting the difference" is entirely unrealistic.

Esperando en la bajadita...
Then again, this central deadlock has been clear for some time. The more valuable part of the simulation (for me anyway) was the realization that even if you somehow managed to untangle the triangular deadlock, the negotiations could still well fail. That's because a number of other deadlocks continue to lurk in the shadows of the negotiations, concealed only by the fact that the three-way big-player deadlock is even worse.

These other deadlocks are far from negligible, though. For one thing, the G10 countries (Japan, South Korea, Switzerland, Norway and Co.) are even more protectionist in agriculture than the EU and the US, so even a proposal agreeable to the three big players may not be acceptable to the G10. For another, the African, Caribbean and Pacific Group demands a separate, quicker, deeper deal to liberalize cotton (a main export product for some of their members) which sets them on a collision course with perhaps the most powerful agricultural lobby in the US. The ACP countries also demand compensation for the loss of their preference margins, which is implicit in any tariff-cutting proposal. And the G33, (yet another group, this time of larger, poorer developing countries, and led by Indonesia) has demanded two large loopholes against having to cut many of their own farm tariffs that is acceptable neither to the US nor to the G20.

These are, if you will, second-order deadlocks in the sense that they don't involve irreconcilable differences among the three big players. The EU and the US tend to think that many of these problems could be finessed with increased aid offers - though the possibility of buying off the G33 with a fat check is highly iffy. The thing that sort of staggered me about the negotiation simulation was realizing that even if the Triangular Deadlock magically disappeared tomorrow, the second-order deadlocks could well be deep enough to prevent an agreement.

At the end of all this, I'm left with a much more nuanced understanding not just of why there has been deadlocked, but also of why the deadlock has overpowered every attempt at a solution. Though trade diplomats are still hammering away on the round in Geneva, it's not hard to see that these are pro-forma efforts. On the whole the round has been given up as hopeless.

My guess is that in the next few months, the WTO's Director General will be forced to acknowledge that the existing differences cannot be bridged, and the round will go into a sort of deep freeze. Interestingly, there is no settled method to officially bury the corpse of a round, so negotiations would likely be suspended rather than ended, in the hope that they can be revived, somehow, at some point down the line. In the meantime, the US and the EU would concentrate on hammering out bilateral deals to advance their trade interests, and the G20, G33 and ACP would rely more and more on the WTO's existing dispute-settlement system to advance theirs.

Historical experience, however, suggests that when trade negotiations are not moving forward, the tendency is for countries to resort to more and more protectionism. If the de facto failure of the round leads to considerable backsliding, then it's imaginable that in a few years the big players will come back to the negotiating table with a renewed sense of mission. If, in the meantime, the US and France elect themselves presidents who are more committed to multilateralism, then its just about imaginable that the round could rise from the ashes sometime around 2009. Until then, though, it's dead. It's deader than dead.

May 4, 2006

Two interesting bits...

Interesting bit #1: Julio Borges welcomes the New CNE's decision to allow Venezuelan universities to audit the much-disputed Electoral Registry.

Interesting bit #2: Chavez rebuts allegations that he is meddling in other countries' internal affairs in a single phrase that magnificently joins his special brand of water-tight intellectual rigor and sense of subtlety with his trademark understated sophistication: "¡Qué injerencia, ni que nada!" (I'll let someone braver than me try to translate that one.) Chavez explains the strange phenomenon whereby some ill-intentioned people have misinterpreted his, erm, threat to end diplomatic relations with Peru if Peruvians vote for the wrong presidential candidate as "meddling" by saying that the desperate Latin American right wing made it all up. Meanwhile that standard-bearer for the desperate Latin American right wing, Ollanta Humala, condemns and deplores Chavez's earlier statements...go figure...

Documenting the documentable...

Here's just a taste of the Venezuela Chapter of the Interamerican Commission on Human Right's 2005 Annual Report:
IV. CIVIL SOCIETY

A. Risk of segregating a sector of Venezuelan society because of its political dissent

324. In 2005, the Commission received a mounting number of complaints and information indicating a worrisome trend in discriminatory actions against persons who make public their dissent from government policies and those who called for the removal of President Hugo Chávez Frías, in the referendum on revoking the presidential mandate that was held August 15, 2004. The Commission considers that the discriminatory actions based on one’s political opinion have a serious and grave detrimental impact on the observation and enjoyment of fundamental rights enshrined in the American Convention. A pronouncement by the Commission on Human Rights of the United Nations on this question recognizes that “…tolerance involves a positive acceptance of diversity and that pluralism encompasses the willingness to accord equal respect to the civil, political, economic, social and cultural rights of all individuals … tolerance and pluralism strengthen democracy, facilitate the full enjoyment of all human rights and thereby constitute a sound foundation for civil society, social harmony and peace[.]”[320]

325. In this regard, the Commission states its concern over the existence of a tendency to intimidate, harass, and stigmatize persons or organizations who speak out against government policies or officials. Even though over the last year the extent of social conflict characterized by violence and confrontation in public demonstrations has diminished, the Commission is concerned about the weakening of democratic checks and balances on the exercise of governmental authority, especially basic guarantees for the exercise of human rights advocacy, freedom of expression, and freedom to engage in opposition politics. The Commission was also alerted to the existence of a growing number of discriminatory acts by State entities and private sectors in giving employment and public services contracts for ideological or other related reasons. According to this information, those who have political disagreements with the current government would end up unemployed or negatively impacted by these discriminatory acts because of their views.

326. The complaints received include allegations that one of the tools used in this new pattern of discrimination is the so-called “Tascón list,” which contains the signatures of those persons who in 2004 submitted the request to call a referendum to revoke the mandate of President Hugo Chávez Frías. According to publicly-known information, the total list of the names of those persons was made public on the web site of the Movimiento Quinta República (MVR); beginning with Luís Tascón, this led to the dismissal of a large number of public employees, in various parts of the country, without recognition of their labor benefits.

327. The Commission learned that even though on April 15, 2005, the President of the Republic made an appeal to the regional authorities and those who work with them to archive and bury the so-called Tascón list[321], complaints persist to this day that “the list” is still being used to limit the signers’ access to basic services and social welfare programs, and that they continue being dismissed or not given employment in private firms as well as state enterprises.[322] Following are a few examples:

On April 15, 2005, the Center for Human Rights at the Universidad Católica Andrés Bello (CDH UCAB) and Provea filed an appeal against the decision of the 21st Oversight Court of the Criminal Circuit for the Caracas Metropolitan Area, which decided to consider concluded the investigation into the President and other officials of the CNE [Consejo Nacional Electoral] for applying pressure tactics to get citizens Rocío San Miguel, Magally Chang, and Thaís Peña to withdraw their signatures from the call for the referendum on revocation of the presidential mandate. Rocío San Miguel, Magally Chang, and Thaís Peña went to court to ratify their complaint alleging they had been dismissed in 2004 for political reasons, and with respect to which they have been pursuing various judicial remedies. The three of them worked in the CNF as legal counsel, public relations executive, and personnel assistant, respectively. On May 1, 2004, they were dismissed, without any reprimand in their files or any reorganization of the entity giving rise to a reduction in force. It is indicated that when they were given the notices, the Executive Secretary of the CNF informed them orally and individually that the dismissal was for having signed on against the President of the Republic.

The president of the public-sector workers’ union Federación Unitaria Nacional de Empleados Públicos (FEDEUNEP) stated that he has documented 780 cases of persons negatively affected by political discrimination, and the sanctions meted out by those public employees who applied this measure against those who signed petitions for the referendum to be held. Of this total, 200 were dismissed, 400 were subjected to pressure tactics, and 180 transferred. According to the records of the FEDEUNEP, at the Ministry of Interior and Justice (MIJ) 20 persons were dismissed; in the Deposit Guarantee and Bank Protection Fund (FOGADE), 42, although it is estimated that the actual figure is 120; in the water works (Operadora de Acueductos) of the Capital District and the states of Vargas and Miranda (Hidrocapital), 12; in the city government of Sucre, seven; in the National Elections Council (CNE), five; in the Ministry of Higher Education (MES), two; in the Ministry of Production and Commerce (MPC), two; in the National Parks Institute (INPARQUES); in the Urban Transportation Fund (FONTUR), four; in the Caracas Metro, 11; in the Corporation for Recovery and Development of the state of Vargas (CORPOVARGAS), 3; in Venezolana de Televisión (VTV), one; and also one each in the office of the Governor of Guárico, the National Sports Institute (IND), the National Tourism Institute (INATUR), the Office of the Controller of the state of Mérida, the National Council on Culture (CONAC), the Instituto Universitario del Este, the Commission for the Administration of Foreign Exchange (CADIVI), the Ministry of Labor (MINTRA), the Ministry of Finance (MF), the Ministry of Agriculture and Lands (MAT), the Ministry of Infrastructure (MINFRA), the Ministry of Health and Social Development (MSDS), the Ministry of Science and Technology (MCT), the Hospital Universitario; the municipal government of Libertador, and the Metropolitan Education Zone.

Manuel Cova, Secretary General of the Confederación de Trabajadores de Venezuela (CTV), alleged that ”political-labor persecution continues in the public sector through the list of those who signed the request for the presidential referendum, disseminated by deputy Luis Tascón.” Cova said that “in recent days 421 workers from city hall and the governor’s office in Miranda were removed from their positions by dismissals and forced retirement.”

Gloria Pacheco, representative of the first slate in the upcoming elections of the Venezuelan Dentistry Association (COV: Colegio de Odontólogos de Venezuela), alleged that Venezuelan dentists who participate in the Misión Barrio Adentro (MBA) program are being threatened with dismissal for political reasons: “the regional coordinating body of dentists who work in the Barrio Adentro program in Barinas, Olida Santiago, brought together her subordinates to tell them that in the upcoming elections for the Board of Directors of the COV they had to place their ballots open in the ballot boxes, so they could be identified by the slate they were voting for, and anyone who did not do so would be fired.” Pacheco indicated that "this, clearly, is a flagrant violation of the Constitution and the Law on Voting and Political Participation, which provides that voting is universal and by secret ballot."

328. One of these basic pillars of democratic government is respect for the fundamental rights of individuals under the principle of equality and non-discrimination. The consolidation of democracies requires stepped-up participation of all social sectors in the political, social, and cultural life of each nation. In this regard, Article 1 of the American Convention establishes the need for the States party to “undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.”

329. Given that the American Convention does not define discrimination, one can take as a basis the definitions contained in the International Convention on the Elimination of All Forms of Racial Discrimination and in the Convention on the Elimination of All Forms of Discrimination Against Women to argue that discrimination is any distinction, exclusion, restriction, or preference based on certain motives, such as race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other social condition, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms of all persons.[323] Accordingly, the Commission considers that any treatment that may be considered discriminatory with respect to the rights enshrined in the Convention is, per se, incompatible with it.[324]

330. The Commission is of the view that the lack of equitable participation impedes the broad development of democratic and pluralist societies, exacerbating intolerance and discrimination. The inclusion of all sectors of society in the processes of communication, decision-making, and development is fundamental to ensuring that their needs, opinions, and interests are considered in designing policies and in decision-making.[325]

331. The Commission notes that the discriminatory acts of the State against persons who have an ideology or political opinion different from whatever administration is in office may take on more subtle indirect forms which at times may be more effective for deterring criticism or for exercising coercion that leads to a change of position, at least in public, resulting in greater apparent alignment with the positions of the governing party. The Commission finds that dismissing employees and obstructing access to social benefits, among other measures, to punish those persons who express their voice of dissent from the administration are violations of human rights and should be subject to generalized censure, and should be investigated.

332. In this context, and with a view to encouraging analysis, the Commission takes this opportunity to refer to some decisions of the United Nations Human Rights Committee[326] and the European Court of Human Rights that exemplify the case-law in international law, and which are relevant for discouraging a possible deepening of a culture of discrimination and intolerance for political pluralism in Venezuela.

333. In Yong Joo Kang vs. Republic of Korea[327], the Human Rights Committee of the UN held that the application of “an ideology conversion system” to a prisoner convicted of espionage for distributing publicly available information violated his right to freedom of expression. The petitioner, along with other acquaintances of his, was an opponent of the military regime. In 1984, he distributed pamphlets in which he criticized the regime and the use of the security forces to harass him and others. In January, March, and May 1985, he distributed dissident publications that addressed political, economic, social, and historical matters. On July 1, 1985, the petitioner was arrested without court order by the Agency for National Security Planning (ANSP) and tried on charges of violating the National Security Law, and sentenced to life in prison, after the Criminal District Court of Seoul related on his confessions.

334. In his communication, the petitioner argued that being coerced to change his political opinion and the withholding of benefits (such as the possibility of release on parole) if he did not “convert” were tantamount to a violation of his right to freedom of conscience. The Committee concluded that the “ideology conversion system” to which the author had been subjected while he served his sentence was coercive and applied in a discriminatory fashion for the purpose of changing the political opinion of a prisoner, offering him incentives in the way of special treatment in prison and a greater possibility of parole, constituting a violation of Article 19(1) of the International Covenant on Civil and Political Rights.

335. In a case decided by the European Court of Human Rights, Vogt vs. Germany[328] (1995), the European Court held that the state’s action of placing the petitioner at a disadvantage, mindful of her political convictions as an active member of the German Communist Party since 1972, violated Articles 10(2) and 11 of the European Convention. The case had to do with the dismissal of a language teacher from a public high school for having participated in public events as a member of her party and having run as a candidate in regional parliamentary elections in 1982. The dismissal went forward even though the petitioner had a satisfactory record in her performance as a professional and even though those activities were held outside of the school setting. In 1982 the Regional Council of Weser-Ems brought disciplinary proceedings against the petitioner for breach of the duty of every public servant to serve and swear loyalty to the Constitution, as she was involved in political activities of the German Communist Party since 1980. For her part, the petitioner argued that her political activity as a member of the Communist Party was lawful, and that every citizen has the right to participate in political activities.

336. In view of the international case-law on the matter, even the possibility that discriminatory actions might be taking place in Venezuela because of the political or ideological expression of persons is highly alarming. The Commission maintains that every person has the right to legitimately exercise his or her freedom of expression, assembly, association, and conscience, and that these constitute a form of pluralism that is necessary to ensure the rights recognized in the various international human rights instruments, and to strengthen democratic institutions. The obstruction or intimidation of persons seeking to exercise these liberties strips individuals and the various sectors of society of instruments for defending their interests, protesting, criticizing, making proposals, and exercising oversight and active citizenship in their pursuit of popular sovereignty within the democratic framework.

B. Human rights defenders[329]

337. In 2005 harassment and intimidation of human rights defenders continued. The Commission was informed that judicial proceedings were instituted against human rights defenders, whose purpose is allegedly to silence their reports. In addition, high-level officials continued to question the legitimacy of their work. The IACHR expresses its grave concern over the impact these statements could have on the security of human rights defenders.

1. Threats and violence against human rights defenders

338. The Commission has learned that a climate of hostility and threats to the lives and physical integrity of human rights defenders continues to exist in Venezuela. In this respect, the Commission was informed that on January 23, 2005, in the city of Caracas, eight alleged officers of the Metropolitan Police entered and searched, without court order, the residence of Luís Rafael Ugas, president of the Fundación para las Garantías, Prevención y Defensa de los Derechos Humanos (FUNGAPDEHCA). According to the information provided to the Commission, the police agents arbitrarily and illegally detained Mr. Ugas’s brother, when they found that Mr. Ugas was not home. Ten days later, Rafael Ugas was intercepted in the street by four unidentified individuals, who placed him in a vehicle. There he was beaten and cigarette burns were inflicted on his back several times. Before being released, death threats were made to Mr. Ugas.[330]

2. Discrediting of human rights work by state authorities

339. Since 2001 the Commission has received repeated reports of state acts aimed at de-legitimizing and criminalizing the actions of Venezuelan and international human rights organizations working in Venezuela. In 2005, the IACHR has observed an increase in such reports due to the statements made by representatives of the Legislative branch, the Executive branch, the Public Ministry, and the even Judicial branch. High-level members of these government bodies have publicly accused several human rights organizations and their members of being part of a pro-coup strategy, or of having improper ties with foreign countries supposedly plotting to destabilize the Government.[331]

340. The Commission is concerned by the statements made by public authorities aimed at discrediting and stigmatizing human rights defenders, especially when such statements are made by members of the Judiciary in charge of judicial investigations or proceedings against defenders. In addition, the Commission considers it lamentable that high-level state officials have made statements aimed at attacking the professionalism of persons who have appeared before the organs of protection of the inter-American system. In this respect, the Commission has learned of the statements by Attorney General Isaías Rodríguez, discrediting the professional activity of attorney Carlos Ayala Corao in his participation before the Inter-American Court of Human Rights[332]; and the statements by Interior and Justice Minister Jesse Chacón, in which he discredits the work of human rights defender Humberto Prado just days after he appeared in a hearing at the headquarters of the IACHR concerning the prison situation in Venezuela.[333]

341. As reported to the Commission, these statements seek to get human rights organizations to desist from making use of the international protection mechanisms, and help maintain and intensify the risk that human rights defenders face to their personal integrity. Official speeches and pronouncements that stigmatize, de-legitimize, and criminalize the work of human rights defenders have been followed by statements and opinion articles by persons close to the government that suggest that human rights defenders are participating in criminal acts aimed at overthrowing the established government. These declarations seek to create a mistaken perception in society regarding the work of human rights defenders.

342. The Commission was informed of this situation in a communiqué dated June 29, 2005, in which the Ministry of Foreign Affairs suggested that the organizations providing counsel to the victims in one of the cases before the Inter-American Court were seeking to use human rights for economic and political gain. To this communiqué followed various editorial opinions in the media known as aligned with the government where the representatives of the victims which participated in the Court’ hearing were single out as conspirator against the regime[334].

343. The Commission recommends that the Government foster a culture of human rights in which the role of human rights defenders in guaranteeing democracy and the rule of law in society is recognized. Public officials should refrain from making statements that stigmatize human rights defenders or that suggest that human rights organizations operate improperly or illegally, merely because of their work promoting and protecting human rights.

3. Restrictions on access to international financing

344. The Commission has been informed that the State has imposed restrictions on the operation of human rights organizations by making it impossible for them to gain access to resources provided through international cooperation.[335] This prohibition, in a context in which financing for civil society organizations in Latin America and the Caribbean generally comes from foreign cooperation, in fact makes it impossible for organizations working in the area of human rights to operate. In previous reports, the Commission has referred to judicial measures that unlawfully restrict the work of organizations by preventing them from participating in public matters, based on their having received funds from international cooperation.[336]

345. In 2005, the Commission received more reports indicating that criminal proceedings were being instituted against several human rights organizations in retaliation for having raised and executed funds from foreign cooperation.[337] Those charges, according to available information, have been made in keeping with provisions of the Criminal Code, whose vague and imprecise content violates the principle of legality and makes it possible to consider any conduct criminal.

346. Specifically, human rights defenders have noted that Article 132 of the Criminal Code is being used to criminalize organizations’ foreign financing.[338] Through this provision, several members of human rights organizations are currently being investigated for the crime of requesting foreign intervention in Venezuela’s domestic political affairs, because they raised money for the legitimate exercise of constitutionally and internationally recognized rights exercising and societal efforts to keep tabs on the State, and fostering political participation.

347. The Commission recalls that the punitive power of the State and its justice organs should not be used to harass those who are engaged in legitimate activities. States have the duty to investigate those who violate the law in their territory, but they also have the duty to take all measures necessary to prevent state investigations from being used to submit to unfair or unfounded trials persons who legitimately call for respect for and protection of human rights.

4. Instituting criminal actions to the detriment of the work of human rights defenders

348. The Commission has also received reports of criminal proceedings being instituted against human rights defenders on charges of defamation, libel, and conspiracy. According to what was reported to the Commission, such proceedings are brought for the purpose of hindering the work of human rights defenders. The Commission received information that indicates that the prosecutors from the Public Ministry in charge of those investigations have committed procedural irregularities that limit the defense of the accused, including restrictions on access to the terms of the indictments and the discretional blocking of the production of evidence. In particular, it is noted that in the proceedings instituted against human rights defenders, the actions of the prosecutorial authorities are always aimed at shifting the burden of proof to the accused, contrary to the principle of the presumption of innocence.[339]

349. The Commission has also learned of judicial proceedings and steps supposedly aimed at carrying out international measures of protection, by which the burden of proof is shifted, and they end up being used against the beneficiaries of such measures. Threats and acts of harassment such as phone threats and being followed are very difficult to prove, which could lead to the authorities initiating criminal inquiries against the defenders on charges of simulation of a criminal act. The Commission was informed that these measures, in addition to seeking to subordinate international rulings to domestic law, are aimed at getting human rights defenders to assume the role of being the ones to lodge the complaints, which, given Venezuela’s system of criminal procedure, shifts the burden of proof to them, requiring them to prove that the facts they allege are true.[340]

350. For the IACHR, the pronouncement by the Twenty-ninth Court illustrates the that it is ill-advised to submit the decisions of international human rights organs to the review and decision of domestic judicial organs, and therefore it urges that this judicial interpretation be recognized as that which is most compatible with international law and the American Convention, as indicated in the introductory section of this chapter.

351. The Commission reiterates that the failure to implement effectively and in good faith the measures of protection granted by the organs of the inter-American system increases the risk to these persons, which in turn weakens democracy and the rule of law. In addition, the Commission is concerned that cases of violence and harassment targeting human rights defenders, even though criminal inquiries have been instituted, have remained in total impunity to date.