PEJ News - Joan Russow – Global Compliance Research Project - Canadian trade lawyer, Steven Shrybman, has described "Bill 32 [BC implementation bill] and the Agreement [TILMA] it seeks to implement as presenting an unprecedented challenge to the most fundamental principle and norms of Canada's constitutional arrangements". Mr. Shrybman, as a trade lawyer, appears to ignore the international norms that would also be violated. TILMA (Trade, Investment and Labour Mobility Agreement) not only violates norms of Canada's constitutional arrangements but, along with NAFTA (North American Free Trade Agreement), SPP (Security and Prosperity Partnership) and PNWER (Pacific North West Economic Region) , also contribute to the violation of international peremptory norms.
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These trade agreements or "Public Private Partnerships among Nations" have led and will increasingly lead to violations of international peremptory norms. Anti- trade activists must finally use international law related to human rights including civil and political rights, social, cultural and economic rights, labour rights, rights of indigenous peoples, rights of migrant workers,children's rights, rights to a safe environment.. .etc to counteract these trade agreements. Citizens must wonder if governments even read the international instruments that they sign and ratify, or if they do, if they have any intention of discharging obligations and of acting on commitments, and citizens must also wonder why these instruments are not being used to counter trade agreements.
NAFTA and SPP (agreements among Canada, US and Mexico); TILMA (an agreement among BC and Alberta and possibly other provinces) PNWER (an agreement among Alaska, Idaho, Montana, Oregon, Washington in the US and British Columbia, Alberta, and the Yukon).
INTERNATIONAL LABOUR ORGANIZATION CONVENTIONS DISREGARDED
In the official website on TILMA, the agreement is heralded as “a partnership between the Government of British Columbia and the Government of Alberta”. … The agreement builds upon the prosperity in both provinces by giving businesses and workers seamless access to a larger range of opportunities in all areas, including: energy; transportation; agriculture; and investment”.
On the site the purpose of the agreement is “to remove barriers to trade, investment and labour mobility between the two provinces.” …”
It is tauted as an “agreement between two parties to recognize each other’s standards, qualifications, licensing requirements, or testing procedures and results to contribute to the expansion of trade through removing some technical obstacles.”
Other than the above reference to technical standards there is no reference to the long-standing substantive obligation related to key international trade norms: many of which will probably be deemed to be “obstacles”.
TILMA along with other trade agreements have led and will continue to lead to an increased disregard for international peremptory norms related to the numerous International Labour Organizations Conventions most of which have not been ratified by Canada, and the United States. If one examines the ILO Conventions, and the important provisions that have been agreed to, it is difficult to understand the reason for there not being a full scale demand from the Labour movement in Canada and the United States for the Canadian and US governments to sign and ratify these agreements, and to enact the necessary legislation to ensure compliance.
For years the Labour movement nationally and internationally has advocated the principle of fair and just transition. This principle advances the undertaking that when an industry contributes to harm to human health and to the environment, labour will support the sunsetting of the industry if society institutes a fair and just transition for workers and communities affected by this transition.
DISCRIMINATION ON THE GROUNDS OF POLITICAL AND OTHER OPINION, AND RACIAL PROFILING
Both Canada and the US have signed and ratified the International Covenant of Civil and Political Rights; among the listed grounds for which there shall not be discrimination is on the ground of race, and political and other opinion.
The SPP agreement, has various provisions which are leading to the violation of civil and political rights; it is possible that TILMA (the agreement among BC, Alberta, and Saskatchewan) , and the potential extended PNWER (Pacific North West Economic Region. PNWER would also lead to the violation of civil and political rights. PNWER is described in a press release as "a bi-national public/private partnership that has been working with Washington State, British Columbia". This PPP is proposed to be extended to Alberta and Saskatchewan and Alaska.
It was announced in a PNWER press release on March 23, 2008 [on the third anniversary of the signing of the Waco Declaration on the Security and Prosperity Partnership Agreement.] that there would be new border requirements:
"In advance of implementing the Western Hemisphere Travel Initiative (WHTI) next year, the Department of Homeland Security and the State of Washington have agreed to launch a driver's license pilot project that would let travelers use an enhanced driver's license to cross the border. It will be the nation's first pilot project to test an alternative to requiring all US citizens to show a passport when they cross the border. "
The SPP Agreement has led to the violation of civil and political rights, by placing citizens' names on no-fly lists, or by stopping citizen advocates at the border. This new provision in hailed by the public/private/partnership (PNWER) will undoubtedly follow the lead of the SPP in violation of civil and political rights of citizens...
Full article: TILMA, NAFTA, SPP, PNWER have Violated and Will increasingly Violate International Norms
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