Transparency and Participation in the
National Trade Policy Process: the
Canadian example
Robert Wolfe
Associate Professor
School of Policy Studies
Queen’s University, Kingston, Canada
[email protected]
Queen's University School of Policy Studies
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Is the Doha rhetoric enough?
10. … we are committed to making the WTO's
operations more transparent, including through more
effective and prompt dissemination of information, and
to improve dialogue with the public. We shall therefore
at the national and multilateral levels continue to
promote a better public understanding of the WTO
and to communicate the benefits of a liberal, rulesbased multilateral trading system.
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And does Sutherland Chapter V miss the point?
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Information in Geneva VITAL
legitimacy of WTO may not depend on organizations that
pay most attention
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Premises:
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Trade liberalization not the only objective: human
agency, “development as freedom” (Sen)
Participation at home contributes to sustainable
development (Cosbey) by ensuring consideration of
environment social cohesion and growth
Transparency ensures accountability in a more
diffuse policy process
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Key dimensions for trade policy
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accurate, objective and timely information
promotes transparency and accountability
and enables citizens to participate in the
public policy process.
Consultation processes seek the views of
individuals or groups on policies that affect
them directly or in which they have a
significant interest.
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Some principles
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New legal texts must be congruent with the informal
practices and mutual expectations of actors
Officials cannot make up their country’s “interests”—
learn from citizens and firms engaged in trade as
importers and exporters; producers and consumers.
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What problems do actors encounter? What new
opportunities do they wish to pursue?
Where are rules as codified in WTO discordant with daily
practices in the trading system?
How are market practices interfering with the aspirations of
citizens? (WHOSE interests are reflected in policy?)
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Transparency and the TPRM
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What if the TPRM asked more directly about
domestic policy transparency and
consultation mechanisms?
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Report itself a valuable source of information
What might first report on Canada find?
What lessons should we draw for the TPRM
process?
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Can TPRM do more?
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yes
Canada 2003:
The Government also consults regularly with
the public to muster support for trade policy.
Interested parties are invited to submit their
views regarding specific WTO trade and
investment-related issues thanks to a
"Consultations with Canadians" website.
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Canadian consultation industry growing for
more than 20 years
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1999 (est) 300 public consultations, from
national climate change process to dialogue
with rural Canadians about their priorities.
Summer 2004, province of Ontario consulting
its citizens on teacher workloads, mandatory
retirement, rent control, urban sprawl, rural
communities, drinking water, and new
securities legislation
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History of trade policy consultations
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GATT: tariffs seen as “budget secrecy
but industry lobbyists were consulted anyway
 Tokyo Round (1970s) requires consultation with provinces
and business plus coordination of the federal public service
on trade policy
 Canada-US FTA and Uruguay Round (1980s) move “behind
the border”: changes demands for consultation
 WTO ministerial meeting in Seattle (1999)
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 post-MAI
 extensive public participation in preparations and then
attendance
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The foundation
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Data is the essential factual basis for policy
debate
Statistics Canada is a leading statistical
agency
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Information on departmental website
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Discussion papers
Briefings
newsletters
publication of legislation and regulations
negotiating texts
submissions to the WTO on disputes in which
Canada is involved
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Trade policy consultations
Wide range of participants who can
contribute useful information, and/or whose
support will be needed.
 Other government departments, provinces,
municipalities
 Broad and sectoral industry associations, civil
society organizations, firms, academics
 Citizens
 Canadian mechanisms to engage all of them
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Who should be consulted, and how?
1. Technical information can be sought by
officials from experts or economic actors.
2. Exploring compromise on a difficult issue
can be done in more broadly based
multistakeholder settings where all sides are
able to listen to contending points of view.
3. Trying to build a consensus might best be
done in Parliamentary hearings.
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Why are Canadian consultations so
elaborate?
1. “behind the border” negotiators need domestic
information; jurisdiction and authority widely
dispersed; engage a wider “public”
•
Consultations especially contribute to policy analysis when
available expertise is limited.
2. Example: in agriculture and in services, diffuse not
concentrated groups, and individuals, so new
mechanisms needed
3. Growing trade interest of citizens and civil society
organizations—public concerns political not
economic; governance not instrumental
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Challenges?
1. Difficult work of detailed negotiations does not
excite public interest, except from farm groups
2. Changing nature of consultations, or problem
adapting mechanisms to new players involved
3. Cost of participation, for proponents and opponents
of liberalized trade.
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Principles broadly agreed, in Canada.
Contributing analysis takes money and/or expertise not
available to all groups
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Substantive questions for a TPRM
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Do consultations alter the way government perceives
“public interest” or is policy still dominated by whoever
has the ear of government?
Are consultations used to help build consensus among
stakeholders, narrowly or broadly defined?
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provide information to clarify negotiating objectives
Do they help negotiators understand what citizens want?
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obtain information, for example on offensive interests and
defensive concerns in the services negotiations
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Process questions
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frequency of consultations
resources allocated
numbers of citizens involved
participant satisfaction
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Other process indicators
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Quality of statistics
General WTO regulatory transparency
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Publication of laws and regulations
Notification of new measures to trading partners
Independent administration and adjudication
Availability of negotiating proposals, dispute
settlement submissions
Opportunities to participate/comment
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Risks of more in TPRM?
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Imagines governance relationships (between
citizens and the state) typical in Canada but
not necessarily elsewhere
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