12th Regional Seminar of ACP-EU Economic and Social Interest Groups Santo Domingo, Dominican Republic, July 5 – 6, 2012 Civil Society Participation in EPA: How to make the EPA Joint CARIFORUM –EC Consultative Committee (JCC) Work Effectively Presenter: Ann-Marie J Lorde, Project Coordinator, Caribbean Congress of Labour Introduction We are examining Civil Society participation in EPA and how to make the Joint JCC work effectively. To be candid and honest, to make the JCC effective we must first establish the CARIFORUM side of the JCC. Background The JCC has been established under the EPA, which is a blue print for all other EPAs to be signed between the EU and other ACP countries. The JCC has a mandate to foster social and civil dialogue through consultation on all aspects of social, economic, environmental and developmental issues as they arise in the implementation of the CARIFORUM-EU EPA. To date the CARIFORUM side has been challenged by the composition of the JCC on the one hand and the finance to support the functioning of the Committee on the other. It must be clearly understood that when established the JCC will be an institutional form of representation for Civil Society organisations and will be expected to have an important role in the new economic, social, environmental, and developmental aspects of regional governance under the EPA. This model of regional governance must therefore speak to equality, transparency and accountability, and examine such issues as: sustainable economic regulation and growth, combating poverty, financial stability, climate change and other environmental issues. The CARIFORUM JCC when established will therefore be a tripartite mechanism for social dialogue that constituents of civil society will expect to participate meaningfully in the regional integration process and also monitor and evaluate trade and investment negotiations and their implementation. To return to the matter at hand, how to make the Joint JCC work effectively, the following areas must engage our attention as a group. Page 1 of 4 Regional Integration We must be clear on the fact that the EPA supports the regional integration process; some might even argue that Part 1, Article 4 speaks to the fact that regional integration is a must under the EPA. Indeed regional integration is referenced throughout the document, under Title II Investment Trade in Services and Economics and Chapter V Social Aspects just to reference two areas. For the JCC to be effective Civil Society itself needs to give consideration to advancing the CARIFORUM and regional integration process by solidifying linkages with other Civil Society Organisations in the Dominican Republic and Haiti. For it can be argued that the CARIFORUM process which speaks to regional integration is just lip service. The Dominican Republic has not as yet been given a seat at the CARICOM Heads of Government meetings and Visa requirements remain in place for citizens of the Dominican Republic. Social Dialogue With this at the fore the CARIFORUM JCC must therefore be tripartite in nature to ensure that the Committee is reflective of all members of Civil Society. On examination of the draft document that proposes a formulation of the CARIFORUM side of the JCC, it is recognised that all disciplines excepting health are covered. It is therefore recommended that this document should be amended to provide representation for a regional health organisation to represent matters of health in the deliberations of the JCC. It is also suggested that a rotation option for membership can be considered to facilitate the establishment of the CARIFORUM JCC. This will however call for discussion. Internal Structures of the JCC It is welcome for civil society to be part of the monitoring process of the EPA; however there is lack of clarity in the follow-up process to be given to recommendations coming out of the JCC. It is therefore important for members of the JCC and the Joint Council and Trade and Development Committee (JCTDC) to agree on a reporting structure that encompass the mechanisms of transparency and accountability for reporting and receiving feedback. This would ensure that the views of the JCC are considered in the various policy processes. A key role of the JCC will therefore be to add value to the work of the JCTDC and to effectively engage the members of the JCTDC on matters arising out of the deliberations between the JCC and the JCTDC. For the members of the JCC to carry out their duties responsibly and successfully the membership of all civil society representatives on the JCC must be galvanised into action – a lack of response from constituents can add a lack of credibility to presentations from representatives on the JCC. Responses to the JCTDC must not be based on perception of the JCC members, but understood to be based on research and constituents consultations. Page 2 of 4 Influential Process Though the JCC cannot make decisions it does have a number of ways in which it can influence the work of the JCTDC and the Parliamentary Council. It may be argued that this is due to the membership base of CARIFORUM civil society. Firstly on technical matters advice can be provided through the regional architecture and engineering associations. Secondly on matters of health and education regional healthcare and academic organisations can be consulted. Thirdly on issues related to labour and employers the regional labour and employers organisations can be engaged. The fourth area that consideration can be given is participatory consultation, where the JCTDC can consult the JCC on various policy matters to ensure that the policy decision process will be feasible, sustainable and beneficial to members of the CARIFORUM and the EU. With a Civil Society membership base that has the ability to provide sound technical and institutional knowledge and advice it can be clearly understood and accepted that the JCTDC will be effectively engaged on matters arising out of JCC deliberations and discussions between the JCC and the JCTDC on the implementation of the EPA. Summary At the end of our discussions today, we must have a proposed way forward, a road map, as to how to make the JCC work effectively. I would suggest that our discussions begin with the formulation of the CARIFORUM side of the JCC. There is a draft document already in place that we can begin with. It can be amended to reflect our discussions, and forwarded the DG of CARIFORUM, HE Ivan Ogando for his consideration. The next step would be for Civil Society to recognise its ability to influence the process and as such determine a proposed reporting structure on the one hand, and on the other hand determine how to galvanise its constituents into action to play an active and participatory role in the consultation process. The final area which should engage our attention is that of regional integration and it link to social dialogue. Social dialogue has an important role to play in supporting the regional integration process. It has the ability to maximise social and labour benefits from external trade and investment agreements. This fact can be referenced in the EPA under the areas of Investment Trade in Services and Economics and Social Aspects as mentioned above. Consideration must therefore be given to how a tripartite framework for the JCC will benefit CARIFORUM through the successful and beneficial implementation of the EPA. Page 3 of 4 These three areas that are proposed are expected to generate a measure of discussion, and provide us with a proposed way forward from this point to help us determine how to formulate the CARIFORUM side of the JCC, and possibilities on how to make the JCC work effectively June 26, 2012: Page 4 of 4