26 June 2001
NAFTA SECRECY CHALLENGED IN COURT
A Canadian coalition has launched a constitutional challenge of the North American Free Trade Agreement (NAFTA), arguing that its rules violate press freedom guarantees. The Canadian Union of Public Employees and the citizen advocacy group Democracy Watch, represented by the Sierra Legal Defence Fund, maintain that the secrecy of NAFTA's investor-state tribunal process violates freedom of expression and freedom of the press, as guaranteed by Canada's Charter of Rights and Freedoms. NAFTA's Chapter 11 gives foreign corporations the power to sue governments for infringing on their investments, notes the coalition. Claims, which can cover virtually all aspects of public policy-making, are heard by tribunals behind closed doors.
"The secrecy of these tribunals flies in the face of long-established principles that the judicial system must operate under the penetrating light of public scrutiny," says the coalition. "Canadians and the media can walk into any court in Canada and watch what's going on, and NAFTA tribunals should face the same scrutiny." The three organisations hope that a victory in the courts will force Canada to negotiate with the United States and Mexico to amend the secrecy rules of Chapter 11. For more information, see www.dwatch.ca/camp/RelsMay2901.html.">http://www.dwatch.ca/camp/RelsMay2901.html">www.dwatch.ca/camp/RelsMay2901.html.
The "poisonous web of secrecy that cloaks international trade discussions" has been recognised as a major concern by the International Federation of Journalists (IFJ). The federation has previously criticised undue secrecy within the Free Trade Area of the Americas negotiations, the World Bank and the institutions of the European Union [See IFEX "Communique" #10-15 and #10-6].
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