Call for Input
JPAC calls for comments on the perception of an inherent conflict
of interest in the North American Agreement on Environmental Cooperation
Deadline: December 7, 2004
The Joint Public Advisory Committee (JPAC) of the Commission
for Environmental Cooperation (CEC) is soliciting public comments
on the perception of an inherent conflict of interest in the North
American Agreement on Environmental Cooperation (NAAEC).
Initially, the issue was raised in JPAC
Advice 03-05 on limiting the scope of factual records and
the review of the operation of CEC Council
Resolution 00-09 related to Articles 14 and 15 of the NAAEC,
which stated the following:
Further related to this matter
is an emerging perception of Council being in conflict of interest.
This was clearly stated most recently in the public meeting where
it was noted that "Council [members are] having a hard time
differentiating their role—when they are acting as a Council
and when they are acting individually as Parties." JPAC was
specifically asked by the public to raise this issue with Council.
During its regular session, held
on 4 December 2003, JPAC discussed this complex issue. While this
may indeed reflect a structural challenge within the NAAEC itself,
with regards specifically to the citizen submission process, JPAC
is concerned that the influence of the Parties is being reflected
in Council decisions. JPAC considers this to be of sufficient
concern as to warrant further analysis. Following this analysis,
JPAC will develop an opinion on how best to proceed to address
this matter and will advise Council accordingly.
In its response to the JPAC
Advice 03-05, dated 3 June 2004, the Council stated:
Your advice also raises concern
regarding a Party's potential conflict of interest under Articles
14 and 15 as a member of the Council and as an individual Party.
The Council understands you will be analyzing this matter more
fully in the future. Should you indeed decide it to be necessary
to analyze this matter more fully in the future, it will be important
to bear in mind that the Parties have a duty and an obligation
to carry out their responsibilities as set out in the NAAEC. The
Council is very cognizant of the challenge presented by its decision-making
roles in the public submission process and for this reason it
takes great care to exercise its various responsibilities in strict
accordance with the agreement.
At the JPAC Regular Session, held in June in Puebla, JPAC agreed
to extend the analysis to the NAAEC structure and not to limit
this issue to Articles 14 and 15. JPAC further decided to commission
a report on this issue and hired Gustavo Carvajal, a lawyer from
Mexico, to prepare it. At its last regular session, held in Montreal
on 27 and 29 October 2004, JPAC decided to solicit comments from
the public on this issue and to offer the report prepared by Mr.
Carvajal, entitled "Inherent
conflict of interest built into the North American Agreement of
Environmental Cooperation," as a background document
for this review. The report presents an analysis of the issue
and recommendations on ways to address it, in the opinion of Mr.
Carvajal; it does not represent the opinion of the JPAC. Following
the deadline to provide comments, JPAC will discuss the issue—including
Mr. Carvajal's report and any comments received from the public—and
will decide on whether or not to provide advice to Council on
this matter.
Among other sources that may be relevant to this review are JPAC
Advice 03-05 on limiting the scope of factual records and
the review of the operation of CEC
Council Resolution 00-09 related to Articles 14 and 15 of
the NAAEC, dated 17 December 2003; Council's
response to that advice, dated 3 June 2004; the report
by the Ten-year Review and Assessment Committee; and a discussion
paper on "Emerging
Conflict of Interest related to Articles 14 and 15" prepared
by Jane Gardner, dated 28 April 2004 (available only in English).
Please submit written comments no later than 7 December 2004,
to Carla Sbert, Interim
JPAC Liaison Officer. Include your name, firm or organization,
address, telephone and fax numbers. Comments received will be
posted on the CEC
web site (unless otherwise directed by the submitter) in their
original language.
The CEC was established by Canada, Mexico and the United States
to build cooperation among the North American Free Trade Agreement
partners in implementing NAAEC, the environmental side accord
to NAFTA. The CEC addresses environmental issues of continental
concern, with particular attention to the environmental challenges
and opportunities presented by continent-wide free trade.
JPAC is composed of fifteen members, five from each of the three
countries, who are appointed by their respective governments.
It acts as a single, transnational body. Its members act independently
and their responsibility is to provide the Council with their
advice on all matters within the scope of NAAEC.
All JPAC and CEC official publications can be found on the CEC
web site .
For more information please contact:
Carla Sbert
Commission for Environmental Cooperation of North America
393, rue St-Jacques Ouest, Bureau 200
Montréal, Québec,
H2Y 1N9
Tel: (514) 350-4300; Fax: (514) 350-4314
E-mail: csbert@ccemtl.org
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