Yet another International Treaty that Overrides Te Tiriti O Waitangi

Back in 1994 the National Government signed onto an international agreement that aims to lock open all New Zealand's services - including education, health, broadcasting, tourism, waste management, postal services and more - to foreign companies. No one, especially Maori, had any say in how far the Government committed our services to those rules. Yet another International Treaty that Overrides Te Tiriti O Waitangi

Back in 1994 the National Government signed onto an international agreement that aims to lock open all New Zealand's services - including education, health, broadcasting, tourism, waste management, postal services and more - to foreign companies. No one, especially Maori, had any say in how far the Government committed our services to those rules.The Agreement is known as the General Agreement on Trade in Services or GATS and it is run by the World Trade Organisation in Geneva.

Now the Labour Government is involved in new negotiations to bring more of our services under those rules. It is due to make an initial response in Geneva on 31 March 2003. Yet few people know the Agreement exists, let alone that these new talks are happening and what their effect could be.

There appears to be no intention to debate what the GATS means for democracy, te Tiriti and the social, economic and cultural well-being of people in Aotearoa New Zealand - unless we force that debate to happen.

This is basically a re-run of challenges to the process and content of the Multilateral Agreement on Investment, the 'MAI', back in 1998. As one Maori MP said at that time: 'We were screwed in the last treaty we got mixed up in, so you will appreciate there are a lot of misgivings about this one."

Ten reasons why Maori should be opposed to the GATS:

1. Because the Government is negotiating, in secret, an extension to yet another binding international treaty that overrides te Tiriti o Waitangi.

2. Because this Agreement is based on an economic model that treats the world as a market place where every service is a commodity to be bought and sold, and ethics, morality, spirituality and social justice have no role.

3. Because the GATS puts the interests of big foreign corporations ahead of people's rights to affordable, accessible and quality services.

4. Because the process of negotiating the GATS is a basic denial of tino rangatiratanga: it excludes iwi and hapu from participation in the treaty-making process and denies the tangata whenua, and the public and parliament, any effective role.

5. Because the GATS says central and local government - and iwi and Maori bodies who are performing delegated responsibilities - can't give preference to local firms and restrict foreign control of those services that have been 'committed' to GATS rules.

6. Because the GATS aims to lock us all into the free market model of privatisation, deregulation, unrestricted foreign investment, user charges, contracting out, flexible labour markets and commercial Treaty settlements that we have experienced since 1984.

7. Because the protection that has been 'reserved' for Maori only covers 'individuals and organisations engaged in a commercial or industrial undertaking'. It makes no mention of te Tiriti and does nothing to address the real impacts of GATS on the recognition of mana whenua, protection of taonga, promotion of te reo, creation and protection of decent jobs, culturally-appropriate models of development, affordable access to good quality utilities and services, and ensuring that foreign investment applications don't impede Tiriti claims.

8. Because this and future governments could use this Agreement as an excuse not to comply with Waitangi Tribunal recommendations, unless their purpose is redefined in commercial terms.

9. Because some Maori entrepreneurs and incorporations might benefit by securing joint ventures with foreign firms or investing offshore, but few Maori will ever receive the trickle down benefits and many more will bear the costs of foreign control on their jobs, taonga and whanau.

10. Because the world needs a different system of rules for international trade based on holistic values and that recognises the rights and ethics of indigenous nations everywhere.

Remember the MAI?
The MAI was defeated because people all over the world organized and forced their governments to back down.
In Aotearoa, Maori played a central role:
- the National Government was forced to hold seven separate hui around the country. The MAI was overwhelmingly rejected at all of them.
- the Maori Affairs select committee made officials appear before it to defend the MAI;
- the Maori Congress condemned the consultations as an after-thought, noting that Maori had been left to force their way into the MAI process, as they had with the GATT.
- The Government finally agreed to a joint Treaty Impact Analysis by the Ministry of Foreign Affairs and Trade (MFAT) and Te Puni Kokiri. That was still not done by late 1998 when the Government announced it was supporting the suspension of the MAI negotiations.

Here we go again
There is no evidence that MFAT or the Government have learned anything from the MAI.
There has been no public consultation with Maori.
There have been no open hui around the country.
There is no sign that a Treaty Impact Analysis has been prepared as the basis for these discussions.
There have been no hearings before the Maori Affairs select committee.

What can we do about the GATS?
It's time that people's voices were heard, with demands that the Government:
- Abandons the 31 March deadline and stops its work on the GATS negotiations 
- Gets someone independent of the Crown to prepare a Treaty Impact Analysis of what the current GATS rules and proposed new commitments could mean for Maori and te Tiriti
- Organises open hui around the country where this can be debated;
- Sets in place a proper process for all such negotiations in the future; and
- Opens the door to debate alternative economic models for Aotearoa and internationally that put the rights and needs of people before those of transnational corporations (TNC).

Where can we find out more?
If you want to know more about the detail of the GATS, what it means for Aotearoa and te Tiriti, and what is proposed in the new round of negotiations, the Action, Research and Education Network of Aotearoa (ARENA) has prepared a detailed guide called Serving Whose Interests?

It is written by Jane Kelsey and can be downloaded from ARENA's website at www.arena.org.nz
or bought for $20 plus $3 postage from ARENA at PO Box 2450, Christchurch,
ph (03) 339 6341, arena.nz@clear.net.nz

ARENA says::We've already gone too far!
Stop the SECRECY! Stop the TAKEOVER! Stop the GATS!