A huge victory for Belgium's CETA opponents: Paul Magnette's speech
A
patched deal allows CETA to pass to the next stage. But Belgium gained
important concessions. We translate the historic parliamentary speech by the
Minister-president of Wallonia in Namur on October 14, 2016.
As the world gets used to the idea
of a Trump presidency in the US and all the implications for minorities,
women, values, fact-based policy and the basic tenets of an open and just
society, Wallonia’s rearguard action on the EU’s trade deal with Canada may feel
like old news. But the temporary blocking of the EU’s Comprehensive Economic
and Trade Agreement with Canada now becomes more, not less significant. It is a
transatlantic confirmation that open trade, shared values and similar social
and environmental standards can be maintained despite elements of rejectionism
on both sides. President Elect Trump and former UKIP leader Farage would claim
that the new fault line is between citizens and the establishment. But this is
not the full picture.
As the case of Wallonia illustrates, it
is now the very idea of ‘openness’ that is a critical battleground. For the adoption and signing
of CETA on 30 October the 28 member states in the Council needed to all give
their signatures. Belgium could only do so with the approval from their
regional and community entities. The Flemish agreed. Wallonia, followed by two
others, rejected the deal (again). Yes,
CETA promises to connect roughly 535 million citizens, and has been held up by
4.5 million Francophone Belgians. But that dissenting minority is roughly the
size of the population of the Republic of Ireland and more populous than eight
EU member states. Across France, Germany, and elsewhere, a much higher number
of citizens protested against the deal.
Paul
Magnette, the Minister-President of Wallonia, was not using populist rhetoric
or fact-free propaganda to whip up support from a disgruntled majority through
a referendum. He was expressing a democratic mandate and constitutional duty to
represent his constituents. Read his speech below. Some
analysts are right that the core problem here sounds like the populist war cry
of ‘take back control’. But they are wrong to suggest this is not based on real
and relevant issues.Read
more here.
" Thank-you Mr
President. My dear colleagues, this is an extremely important moment for our
parliament and for Wallonia. Here, the debate is not simply over a trade
agreement between the European Union and Canada. Here, the debate is about the
entire philosophy of commercial exchanges and the manner in which they will be
constructed over the next ten, fifteen, twenty, or even thirty years.
It just so
happens that it is the CETA agreement which has brought this to light, but
the discussion we’re having – beyond our friendship with Canada – is a
discussion of principle at its heart, a deeply political discussion, and in
some ways even a philosophical discussion about what trade actually is and how
it should be managed. It is because of this, that this debate bears such great
significance.
I will begin as
Mr Geulette did, by paying homage from the bottom of my heart, to the quality
of the debates we have held in this parliament on this subject. There are only
a few other parliaments which lead such rich debates as ours has been.
Yesterday, I spoke with the Irish minister for international trade who told me
that her parliament is facing many of the difficulties that we are facing, and
that the Irish parliament is also having a strong debate on the subject. There
has also been a very detailed debate in the lower chamber of the Austrian
parliament - I have spoken many times with the Austrian chancellor and he has
told me the same thing: the more we debate, the more we analyse, the more
effectively parliaments can ask questions of themselves. ‘The more we debate, the more we analyse, the more
effectively parliaments can ask questions of themselves.’
And if there is
a debate here in Wallonia... If there is reluctance here in Wallonia, it is not
because we are more narrow-minded than the rest. It is not because we find
pleasure in being a tiny Gallic village, and it is not because we dream of
autarky. It is simply because there are two particularities to this region
which are not often found elsewhere in Europe.
The first
particularity is that Wallonia has always been a land of strong democracy. We
have union organisations, we have mutual associations, and we have extremely
active, dynamic, vigilant and mobilised associations across all the sectors.
These
organisations have studied this text with much rigour: they have consulted the
best experts and have taken many opinions into account, and have in fact
nourished our own work. We cannot ignore such democratic vitality within our
own population – we simply cannot
ignore this– under the pretext of the risk of being
isolated. We cannot isolate ourselves from our own population, from our own
citizens, during this period at the beginning of the 21st century when
democracy is already in deep crisis. To ignore our population would be worse
than being diplomatically isolated; we must preserve this link at all costs.
This is in fact the most important element of the debate. (clapping)
Secondly – as
Koen Laenarts, professor of European lawand the President of the European
Court of Justice reminded us– we are one of the very few
regions in Europe that has in its constitution the same privilege in terms of
international rights as the national parliament. We have the entitlement – or
rather the power – to sign (and therefore also not to sign) a treaty: we have
the power to ratify (and therefore also not to ratify) a treaty.
Clearly, this
gives our debate a huge significance. We would not have this panel of cameras
who have come from all the four corners of Europe to be with us today if we didn't
have this privilege. No one would care about Wallonia if the life of Wallonia
was not decisive. And so, from this point of view, we have a major political
responsibility - and the art of politics is to know how to use this
responsibility.
For us to conclude –asMme Defrang-Firket does – that yes, we have a formidable power, we have a civil
society which is mobilised which is great thing, but what is it for? What is
the use?… For us to blindly sign and ratify would be to ignore all the work we
have done. It would call into question our own constitutional competence, and
it would call into question our own democratic vitality. What is the use of a
parliament if it must sign and ratify regardless? What
is the use of a parliament if it must sign and ratify regardless?
Conversely, to
say that all this is nonsense and that there is no point in discussing it,
would not only be to confirm our total isolation, but would also represent a
refusal to use the power we have in its full capacity. Of course we should use
this power in its capacity. We must use it to obtain something, not just to
shout, no. Not just to say: we don't agree, we don't agree, we don't agree, we
don't agree - In saying that we don’t agree we must also say what we want, and
we must use the relations of forces which we have built in order to obtain
concessions in line with our aspirations and in line with the aspirations of
our population. This is politics. This is what we are doing, right now, and it
is difficult! But despite everything we must follow through with this exercise.
Ridding ourselves of
caricature
Of course, we
are not against trade, of course we are not against Canada. If we could rid
ourselves of these caricatures and if we could avoid these simplifications, we
would not only gain a lot of time, but we would also make a lot of progress in
the quality of relations with our European partners and with our Canadian
partners. Of course the Canadians are our friends. Of course we regret that
this legal discussion – this discussion of principles – comes as a result of a
treaty with Canada (which is certainly one of the countries closest to us in
the world), and as a result of a treaty which is certainly, effectively, one of
the most advanced in the world of today. But it is not because our friends are
our friends – and it is not because this treaty is less bad than others – that
we should renounce our democratic responsibilities and obligations.
We are an
important trade partner of Canada – last year we saw excellent trade with
Canada which exceeded €115m, even without the CETA agreement. This is the proof
that we trade very well with Canada and that we are not in the business of
closing ourselves off, as some people might see it.
I just came
back from Japan where, in effect, I spent three days defending our businesses
there, trying to help them to export more and trying to attract foreign
investors to our country. And I do not have two lines of argument. I am
convinced that Wallonia should be an open Wallonia and I am convinced that
Wallonia should export and should attract foreign investment. In order to do
this I know that we need a legal framework, but once again, this does not mean
that we should accept everything or that we must therefore deny ourselves the
power that we have in order to have a real critical examination. This would not
be taking everything into consideration. I am
convinced that Wallonia should be an open Wallonia and …that Wallonia should
export and should attract foreign investment.
We are not
against trade and we are not against Canada. And I would also say that it is
great, Madame Defrang-Firket, that because the Canadians are our friends, we
can allow ourselves to tell them that we disagree with a number of things.
I do not like
the fact that the conversation is suddenly sliding towards the kinds of threats
that we have seen over the last few days... Be careful, there will be
consequences… Be careful, there will be retaliations… etc. I do not like this
at all. I find that it is undignified, and undemocratic. Furthermore, I do not
like the fact that the conversation is slowly descending to insults. I hope,
precisely because we are friends, that between ourselves we can avoid the
borderline insulting threats and remarks, and that we can speak to each other
frankly, in complete sincerity and reciprocal understanding. When we have a
friend who is in difficulty, we listen to them, we try to understand their
difficulties, and we try to find a way of overcoming these difficulties
together. This works in bilateral diplomacy just as well as in daily life, and
this is the message that we would like to spread. When
we have a friend who is in difficulty, we listen to them, we try to understand
their difficulties.
The nature of the agreement
Our
difficulties are well known: our difficulties are primarily with the form of
the agreement. There is a real problem with the manner in which we are
negotiating this trade treaty. There is a real problem. And the people who
still do not understand this fact are re-creating the bilateral trade crisis
which concluded 15 years ago.
In 2001,
remember, the WTO (OMC) told us that they were opening the debt cycles,
to a new great cycle of multilateral, terrific and open liberalisation. They
told us that they were running open and honest negotiations. But in effect they
prepared a small room in the corner where the NGO’s could pretend to be
informed, and from time to time they would go and check up on them, offer them
some water or coffee, but would never give them any solid information, and of
course no debate. This is unacceptable. And this
will never become acceptable.
This is
unacceptable. And this will never become acceptable. This is why after 15
years, we are having bilateral discussions today – precisely because the
multilateral process is no longer working and because Europe is trying to re-establish
its relations with its closest partners (Canada, Japan, tomorrow the US) and to
do this on different foundations (by including social and environmental norms
and rules in these relations, rules that respect the rights of man and cultural
exemptions), foundations which are much stronger and more solid than those
found in the treaties of multilateral liberalisation.
And it is
because of this, that we must (if we are indeed progressive, and if we are open
to the world, and if we want Europe to continue to play a role on the world
scene) defend the idea of bilateral treaties which fix raised norms and
standards.
I am not
saying, Mr Geulette, that we should throw the treaty in the bin… Throw the treaty
in the bin and then what? Nothing! And then, we would still have exactly what
we have today, which is multinationals, with sales revenues sometimes larger
than some of the member-states, who think that they can fix the law,
multinationals who resort to private jurisdiction, or to threats. The threat of
the withdrawal of investment, the threat of withdrawal, the threat of
retaliation – this is the real world of today.
And it is
precisely this that we want to avoid, and to escape, by enacting socio-economic
and environmental rules on a global level regarding the relations between
states, which preserve those agreements we have been able to build amongst our
states, decade after decade, and only after lengthy social struggles. Social
rights did not just simply appear at once and environmental norms did not
simply appear out of thin air: they are the result of social mobilisation over
a long period of time which was translated into legislation at specific,
culminating moments. Social rights did not just
simply appear at once and environmental norms did not simply appear out of thin
air.
And of course
it is exactly the same on the international level. If tomorrow we want there to
be real social norms; if we want the conventions of the International Labour Organisation (OIT) to be applicable, respected,
and restrictive; if we want there to be solid rules regarding human rights and
sustainable development, work is necessary to obtain a treaty which fixes the
standards high enough that they become the European norm. This is the key issue
of the CETA agreement – the fundamental issue at stake – and it is because of
this that we must say no, in order that we may negotiate further. Not no in
order to scupper everything – to kick the anthill – but no in order to create a
relation of forces which allows us to obtain more social standards, more environmental
standards, more clauses concerning the respect of public services, forces which
will allow us to say, tomorrow, that this is the European standard!
And when the EU
opens negotiations with Japan, with the US, or with whoever else, discussions
will be based on these standards. This is the fundamental issue and this is why
the debates today are so strong. (clapping)...
Ancient tools
But clearly,
such a negotiation cannot be upheld using the usual methods. We cannot do
something new with ancient tools. As Albert Einstein said, “we cannot solve our
problems with the same level of thinking that created them”. So it is the
manner in which we carry out trade negotiations which must change. So it is the manner in which we carry out trade
negotiations which must change.
In Emmanual
Kant’s Perpetual Peace: A Philosophical
Sketch, he said, I quote: “All actions that affect the rights of others are
unjust if their maxim is not consistent with publicness.” This has become a
fundamental principle of international law. In other words, what we don't need
to hide, we shouldn't hide. If we have nothing to hide in these trade agreements
– if the CETA is actually good for small and medium-sized businesses, if it is
good for farmers, if it is good for public services, and if it is good for
growth – then why must it be negotiated in secret, why is it not strong enough
to be discussed before the citizens?
There is a
fundamental contradiction in the method here. It has been applied since the beginning.
And it is not, Madame Defrang, that we have been asleep for 10 years : a
mandate was given in 2009, a mandate of about 20 pages which fixes the
benchmarks and the framework. Between 2009 and 2015, the commission was
negotiatingin the name of the EU – which is its duty – but gave virtually
no information on the progress of these negotiations. And then we get to 2015
saying : ‘Hello, there you go, it’s finished. And the 20 pages have become 1600
pages. And now we are asking you to say Amen’.
But no, it is
precisely this which is unacceptable, and it is precisely because we can no
longer accept this way of carrying out trade negotiations that – as from Sept
2015 – from when the texts were made available to us, we sounded the alarm. I
will not read you the interminable list that we have had for over a year now,
but I remember that it was on September 18, 2015 that I indicated to the
Quebecian minister of international relations that these were the difficulties
we were having with the CETA. I remember also that it was a few days later, October
2, 2015 (over a year ago) that I returned to the office ofMme Malmström – the
European Commissioner for Trade – in order to explain very clearly that these
were the difficulties we had with this treaty. For the whole year we have not
stopped contacting our European partners – the Commission, Canada – but this
has led to almost nothing.
The first Belgiancoordination
meeting took place on July 6, 2016. Between October and July – 10 months –
nothing happened. And then all of a sudden in July 2016, they started to say:
these Wallonians seem determined, these Wallonians seem to know what they want,
and they seem to be in it until the end, so we’re going to have to start
talking with them.
A few days
later, I called the Prime Minister of Quebec, Mr Couillard, saying to him: I
understand that it is difficult to renegotiate everything, but you must
understand that we have some fundamental benchmarks in a resolution and we
would like to be able to talk on the basis of these hallmarks within a legal framework
yet to be defined. It could be a protocol, it could be an additional
convention, it could be an interpretative declaration – but it must be legally
binding. At this moment, he told me ‘why not, it
could be a good idea?’
At this moment,
he told me ‘why not, it could be a good idea?’. But nothing followed. and we
had to wait. At the end of September I repeated all this to the special envoy
of Mr Trudeau – Mr Pettigrew – and to the ambassadors, but had to wait until October
4 for them to give me an oral account of the first elements of what was to be
the contents page of an eventual interpretative declaration. October 4. They told me: yes we are already
late, but please try to agree for October 11, October 18 at the very latest,
which is the date of the Coreper meeting (between the Commission and Wallonia).
And what has
been given to us? What has been presented to us, only in speech? Tiny
additions! Additions which came on October 6 and 7 in an unfinished version,
and which we are still receiving bit by bit every day. Every day I receive a
tiny bit more of the interpretative declaration and every day they say: ‘oh is
this not enough? Here, have another little piece, you would do well to settle
for that’.
But this method
is not okay. I will repeat it, I will say it again, I told Mr Hollande the same
yesterday evening, I told Jean-Claude Junker the same yesterday evening. I have
said the same thing to everyone who has had the kindness and the courtesy to
call me to ask about the situation in Wallonia: we really want to discuss, but
we want to talk over a table, with transparency and with respect for democratic
rules.
We want to be
able to say that we Wallonians have these markers that we must absolutely find
in a treaty, and it is only with such a negotiation (and it is only if our
European and Canadian partners can recognise the depth of our concerns) that we
will be able to say that yes, this is a treaty that is going to fix high
standards. This is a treaty worth defending. But as it is, I have still had no
response.
This morning,
once again, I rang the federal minister for foreign affairs, Didier Reynders,
to explain this situation to him. I felt that he was interested, and I hope
therefore that we will be able to advance in this direction, and this is my
fundamental desire. But for that to take place a real desire to change the
method is needed, even if this is at the end of the road. Better late than
never.
We regions with
difficulties are less isolated than we think. Of course no one will speak first.
It is always the same game. We always say to ourselves that whoever speaks
first will be blamed and criticised, they will suffer the retaliations, they
will be put under pressure. And many are waiting, saying: ‘Look, the Walloons
are going to speak first, which means we will not do the same because the whole
process will be paralysed’ – these are petty games and it's always the same. I
can tell you about a great number of bilateral conversations that I’ve had
where the reluctance of at least four or five member states and of the European
Commission has been very, very clear. Reticence with regard to this treaty in
its current state is not confined to internal Belgian politicking or to the
Walloons.
And if the
situation is such, then we should be sitting around a table, with clarity, with
transparency, to discuss and to see whether our legitimate demands can be met….
In saying that
we have difficulties with the Investor State Dispute Settlement mechanism
(ISDS) – it's possible that it is still in there – we are not the only ones.
Read last night’s judgement of the German constitution. It says: yes Germany
could sign, but not this arbitration mechanism, and whatever happens it cannot
do it with any enthusiasm, not even provisionally. The body of the German constitution
carries a lot of weight in Europe, and so it is suggesting that it is not only
the Walloons who have a problem with this mechanism. It is citing exactly the
same reservations, about the risk of rampant privatisation, and about justice, as
the criticisms which we are putting forward and that many of you have put
forward in your motions.
Seeking the right words
When we say
that the interpretative declaration is full of good intentions, it is true –
the political message expressed in it on human rights, on cultural exception,
on environmental protection, on the ILO conventions, on workers rights, on the
capacity to regulate, on the principle of precaution, (and more, but I’ll stop
because there are new pages every day), all these elements are elements which
are heading in the right direction, which are realising what our aspirations
were.
But as it
stands today, this interpretative declaration is not enough: it does not give
us enough guarantees. The
problem is not… whether we need a different interpretative declaration or
juridical instrument. The question is over how we should word the observations
which will have the same force as our treaty obligations. And this is also what
I said to everyone who phoned me: if you accept that we are reopening the
discussion, that we are asking that in its wording we reformulate a certain
number of remarks which are in the interpretative declaration, and that we are
suggesting a few new formulations – I am convinced that many other European
states would support us because they are also interested in having more precise
clauses in there in terms of the protection of public services, and the
protection, for example, of workers’ rights too. This is the message that we
must push through.
Politically,
therefore, it is no easy feat. Clearly it is not easy. Whatever we do we will
be taking a risk – the risk either of isolating ourselves from the population,
because they might well say: don't take us for more important than we are,
accept the treaty whatever it might be, it's not so bad, forget about the
little imperfections. I
believe that would do nothing but reinforce an already very deep posture of defiance
within the political class, and that it would do nothing but reinforce their
even more deep defiance in regard to international negotiations and trade
negotiations. Forget about tomorrow. This, to me,
does not seem to be a position of political responsibility.
Conversely, we
could say to ourselves: say no, period, that's it. And then we could let off
some fireworks and rejoice at having sunk the ship. But what about tomorrow? Forget
about tomorrow. This, to me, does not seem to be a position of political
responsibility.
Alternatively, we
could say no, but explain why we are saying no, and explain the conditions on
which we would accept the reopening of negotiations. This has always been the
proposition, and this remains the proposition. And so, what I would say to all
those questioning our position is what I have said before and what I have confirmed
for the federal minister of foreign affairs just now:
Today, the
parliament of Wallonia re-examined the interpretative declaration. New
documents arrived today, will arrive tomorrow no doubt, and maybe even on
Monday. And we will continue to examine them. Because it is this seriousness,
this rigour in analysis which gives credibility to our approach.
But today, our
analysis leads us to believe that this does not give us a sufficient guarantee.
So as I promised formally before you, I will not give the plans the go ahead to
the federal government and Belgium will not sign the CETA agreement on October
18.
I do not see
this as a burial. I do not see this as a veto without qualification. I see this
as a demand to reopen negotiations in order that the legitimate desires of an
organised and transparent civil society – one that has expressed itself with
considerable force – may be heard by the leaders of Europe.
And then we
might be able to contribute, together, not only to the prosperity of the other,
but also to the reconstruction of political confidence between citizens and
their elected representatives. Thank you for your attention."
Thanks go to Asher Korner for the translation from the French.
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