Bilateral treaty: Resistance stirs in India

The Indian organizations made their call for a halt to negotiations in September on the occasion of the India-European Union (EU) summit in Marseille. They addressed it to the Indian Government and its Prime Minister Manmohan Singh. The organizations complain that since the negotiations began in June 2007, neither the national Parliament nor the governments of the 28 federal states, let alone civil society organizations had been involved in them. Eighteen months and five rounds of negotiations later, they had still never been briefed about the official position or the progress of the talks.

This is all the more objectionable considering that the Ministry of Commerce – which is the responsible entity – did indeed consult business circles, mainly the big companies. «Agreements that will have the force of law and far-reaching economic and social consequences must be discussed publicly», says Smitu Kothari, founder of the NGO Intercultural Resources and initiator of the Indian protest. «Particularly shocking is that the proposed wordings and the decision-making processes are being discussed neither by Parliament nor regional governments. But the people and communities directly affected by the agreements should also be included. That is the imperative of democracy», says Kothari.

A call from millions of people

The Indian resistance includes organizations from various fields and represent several million people. Among them are the country's major unions, including the politically independent Hind Mazdoor Sabha union with 4.5 million members, as well as those close to the Communist Party and the political left. But also involved are organizations of Dalits (untouchables), farmers and fishermen, women's associations, universities and research centres.

The government has so far not responded to the call. According to Smitu Kotari, the coalition now wants to step up the pressure, hold talks with parliamentarians in India and Europe and mount operations and information campaigns in different parts of the country. This is no easy task. The subject is a very complex one and at first glance seems far removed from people's everyday concerns. Those affected are also extremely diverse, and are not all pursuing the same interests. Above all, the unions are keen to safeguard existing working conditions, which are already quite precarious. Others see a public debate on the bilateral agreements as an opportunity to better prepare for inevitable changes and to seize new opportunities.

The latter group includes David Kadam, Director of Swissaid India. By leaving farmers in ignorance and failing to inform and actively involve them, they are being denied any chance to adapt themselves and possibly take advantage of new opportunities, he argues. Swissaid works among others in the state of Maharastra, a major onion-growing region, and is keen to inform farmers about the negotiations and organize them so that they may benefit from potential new markets in Europe. «This is an opportunity not to be missed», says David Kadam.

Everyone agrees, however – and therein lies the strength of the movement – that the government should end its secret diplomacy and bring on board all those with a stake in a bilateral agreement.

Switzerland too in their sights

Switzerland too is negotiating a bilateral treaty with India through the European Free Trade Association (EFTA) (see Alliance Sud News No. 55 / Spring 2008). Barely any notice has been taken of these negotiations so far in India. Hardly anyone knows EFTA, which in addition to Switzerland also includes Iceland, Liechtenstein and Norway. And those who do know it rate it as a «negligible quantity».

Yet, led by Switzerland, EFTA is pursuing ambitious goals. It wants to effect extensive liberalizations in the fields of industrial goods, financial services and investment and at the same time strengthen patent protection. Success would be tantamount to preparing the terrain for further bilateral agreements between India and other countries in the years ahead, the United States for example.

Indian delegation in Switzerland: David Kadam (Swissaid), Gopa Kumar (Third World Network) and Smitu Kothari (Intercultural Ressources).

To raise Swiss public awareness and alert Asian colleagues to the risks of an agreement with EFTA, Alliance Sud and the Berne Declaration have invited representatives of the Indian coalition to Berne, among them Smitu Kothari and David Kadam. In early October they organized an initial contact with the competent authorities. The Indian delegation became aware that negotiations with the EFTA were just as risky as those with the EU. Conversely, the Swiss authorities got to know the concerns of Indian NGOs first-hand. To quote Smitu Kothari: «The governments of the EU and EFTA cannot dictate to the Indian government what it ought to do. But it is also the latter's responsibility to create transparency, to inform the public about the negotiations and thus underpin the basic principles of democracy.»

Alliance Sud and the Berne Declaration will continue to monitor the negotiations with India critically and to work together with the Indian coalition. A joint statement is being prepared.

Contact: Alliance Sud