New Study on Mexico’s Drug Cartels and the Global War on Drugs

Yesterday, Juan Carlos Hidalgo pointed out that Colombian president Juan Manuel Santos became the latest world leader to recognize the need to rethink the prohibitionist policies that allow powerful drug traffickers to flourish. Santos called for a new approach to “take away the violent profit that comes with drug trafficking” and that governments around the world, including the United States, the United Kingdom, and the European Union, need to debate legalizing select drugs, such as cocaine.

From Colombia to Mexico, the drug war rages on. Despite two decades of U.S.-aided efforts to eradicate drug-related violence in Colombia, the problem persists. Indeed, the trickle-down effects from Mexico southward now threaten to engulf Guatemala. Costa Rica, Honduras, and El Salvador are all experiencing alarming homicide rates at least partially related to drug trafficking. To address these spikes in violence and stem the flow of drugs, the United States has spent billions of dollars in Mexico and throughout Latin America. Sadly, there is little evidence that this policy has been successful, and the evidence mounts that it has been an outright failure.

A new policy is needed to stem the violence and consequences of the Mexican drug cartels pervasive power. In a new study released today, Ted Galen Carpenter, senior fellow, argues that the only lasting, effective strategy for dealing with Mexico’s drug violence is to defund the Mexican drug cartels. “The United States could substantially defund these cartels,” says Carpenter, “through the full legalization (including manufacture and sale) of currently illegal drugs.”

The new study, “Undermining Mexico’s Dangerous Drug Cartels,” is available here.

Finally, a Vote on the Three Trade Agreements

Almost a thousand days into his term, President Obama has at last submitted the trade agreements with South Korea, Colombia, and Panama for an up or down vote in Congress.

All three agreements appear to have majority support in both the House and the Senate. Organized labor is putting up its usual anti-free-trade fight against all three, with AFL-CIO boss Richard Trumka coming out swinging in a Politico op-ed this week. He makes the standard union argument that Colombia is an unworthy free-trade partner because of ongoing violence against union members in that country.

In a Free Trade Bulletin earlier this year, my Cato colleague Juan Carlos Hidalgo and I examined the commercial benefits of the agreement with Colombia as well as the hollowness of the union charge. In the past decade, Colombia has made tremendous progress against violence in general, and especially violence aimed at union members. In fact, as we write in the FTB:

The statistics on the number of killings against union members vary depending on the source, with the figure from the government’s Ministry of Social Protection being lower than that of the National Union School (ENS for its acronym in Spanish), a Colombian nongovernmental organization affiliated with the labor movement. However, both sources show a steep decline in the number of killings since 2001. Moreover, when compared with the total number of homicides in the country, killings of union members clearly have dropped at a faster rate than those of the general population (see Figure 1).

Critics of the FTA fail to recognize that violent crime affects all levels of Colombian society, not only trade unions. What is more, the statistics show that union members enjoy more security than the population at large.

Looking at the homicide rate as defined by the number of murders per 100,000 inhabitants, the rate for the total population in 2010 was 33.9 per 100,000, whereas the rate for union killings was 5.3 per 100,000 unionists that same year (using the statistics of the ENS). That means that the homicide rate for the overall population is 6 times higher than that for union members.

Having just returned from a speaking trip last week to Medellín, Colombia, I can vouch that, after a difficult period of battling Marxist guerrillas and drug cartels, Colombia has once again become a normal country with a growing economy. Medellín is a bustling, business-oriented city with the usual challenges of traffic congestion. The students I spoke with at EAFIT University seemed eager for closer ties with the United States, and they do not understand why it has taken almost five years since the signing of the agreement for Congress to schedule a vote on it.

As I explained in an interview with the city’s leading newspaper (conducted in English, but translated here in Spanish), the politicians in Washington have run out of excuses for not establishing free trade between our two countries.

[Our Cato colleague Doug Bandow made the case for a trade agreement with South Korea in a study we released last year.]

Dirty Deal Done Not So Dirt Cheap

Sen. Max Baucus (D-MT), chairman of the Senate Finance Committee,  Rep. Dave Camp (R-MI)*, chairman of the House Ways and Means Committee, and the White House have just announced that they have made a deal to extend Trade Adjustment Assistance (TAA, the program that extends extra unemployment and health care benefits to workers who lose their jobs because of globalization) until 2013, as part of a broader deal that would see passage of the three outstanding preferential trade agreements with Korea, Colombia, and Panama. The extension of TAA would be included in the legislation to implement the US-Korea Free Trade Agreement, “improved” (i.e., made less liberalizing) by the administration in December.

Interestingly and alarmingly, because implementing the FTAs (which will lower tariff revenue) and paying for the billion-dollar-plus TAA extension “requires” offsets, the draft language specifies in Sec. 601 that revenue should be raised by increasing customs user fees.  This solution was first aired publicly last week, and my friend, trade lawyer (and former Cato-ite) Scott Lincicome pointed out then that raising customs user fees is probably against WTO rules (not to mention counterproductive to the goal of liberalizing trade):

“[C]ustoms fees” are simply hidden taxes on import consumers.  A quick review of the US Customs website on “customs users fees” makes this clear.  They’re paid (mainly) by commercial transporters bringing goods (imports) into the United States, thus raising the costs of importation.  And those higher costs, of course, are eventually passed on to American consumers through higher import prices.

Thus, pursuant to the bi-partisan deal outlined above, the FTAs’ great import liberalization benefits will be immediately and tangibly undermined by new taxes on those very same imports (and others)!

…[I]t would [also] probably violate GATT Article VIII, which governs WTO Members’ imposition of “Fees and Formalities connected with Importation and Exportation” (in other words, customs fees).  The key provision of Article VIII reads:

1.(a) All fees and charges of whatever character (other than import and export duties and other than taxes within the purview of Article III) imposed by contracting parties on or in connection with importation or exportation shall be limited in amount to the approximate cost of services rendered and shall not represent an indirect protection to domestic products or a taxation of imports or exports for fiscal purposes.

WTO panels have interpreted this provision narrowly, and an old GATT panel has actually looked into the US system of customs users fees.  In these cases, the panels have ruled that Article VIII’s requirement that a customs fee be “limited in amount to the approximate cost of services rendered” is actually a “dual requirement,” because the charge in question must first involve a “service” rendered, and then the level of the charge must not exceed the approximate cost of that “service.”  They’ve also found that the term “services rendered” means “services rendered to the individual importer in question,” and that the fees cannot be imposed to raise revenue (i.e., for “fiscal purposes”).[emphasis in original]

Read the rest of this post »

Trade Agreements Promote U.S. Manufacturing Exports

Do trade agreements promote trade? The answer appears to be yes. In a new Cato Free Trade Bulletin released today, I examine the record of trade agreements the United States has signed with 14 other nations during the past decade.

The impact of those agreements on U.S. trade is a timely subject because Congress may soon consider pending free-trade agreements (FTAs) with South Korea, Colombia, and Panama. Opponents of such deals often argue that they open the U.S. economy to unfair competition from low-wage countries, displacing U.S. manufacturing. Advocates argue the agreements do open the U.S. market further to imports, but they open markets abroad even wider for U.S. exports.

Based on actual post-agreement trade flows, I found that both total imports and exports with the 14 countries grew faster than overall U.S. trade since each agreement went into effect. For politicians obsessed with manufacturing exports, the study should be especially encouraging. Here is a key finding:

Politically sensitive manufacturing trade with the 14 FTA partners has expanded more rapidly than overall U.S. manufacturing trade, especially on the export side. U.S. manufacturing exports to the recent FTA partners were 10.5 percent higher in 2010 compared to our overall export growth since each agreement was signed. That represents an additional $8 billion in manufacturing exports.

I’ll be discussing the three pending trade agreements alongside William Lane of Caterpillar Inc. at a Cato Hill Briefing on Wednesday of this week. Along with the new study on the past FTAs, I’ll be talking about our recent studies on the Columbia and Korea agreements.

Finally, a Breakthrough on the Colombia Trade Agreement

To no great surprise, the Obama administration announced today that it has cut a deal with the government of Colombia to address concerns about labor protections and to finally move toward enacting the long-stalled free-trade agreement between our two countries. This is welcome news for trade expansion and for strengthening our ties to a key Latin American ally.

Colombian President Juan Manuel Santos is expected to arrive later this week in Washington to cement the deal. In exchange for the agreement, Colombia has reportedly agreed to expand its efforts to protect union members from violence and to more vigorously prosecute those responsible.

As my Cato colleague Juan Carlos Hidalgo and I documented in a Cato study earlier this year, concerns about labor protections were never a valid reason for holding up this agreement. The overall murder rate in Colombia has declined dramatically in the past decade, and the murder rate against members of labor unions has declined even more rapidly. A union member in Colombia today is one-sixth as likely to be a victim of homicide as a fellow citizen who does not belong to a union. Meanwhile, the Colombia government has increased convictions for homicides against union members by eight-fold in the past three years.

As Democratic Senators John Kerry and Max Baucus pointed out in an op-ed this week that endorsed the agreement, the International Labor Organization has certified that Colombia is complying with its international labor agreements.

The obstacle of labor violence was just a political smokescreen that had been raised by labor-union leaders in the United States looking for any shred of an argument to oppose the agreement. Even the agreement announced this week is not going to win over the AFL-CIO. The Colombia government could have raised a hundred murdered union members from the dead, and organized labor in American would still chant that not enough was being done.

The breakthrough this week clears the path for Congress to approve, by what I predict will be comfortable bipartisan majorities, the pending trade agreements with Colombia, Panama, and South Korea.

Allow More Latin American Students into the U.S.

As expected, President Obama’s speech on Latin America, given on Monday in Santiago, Chile, was full of rhetoric but short of substance. He briefly mentioned the willingness of his administration to “move forward” with the pending free trade agreements with Colombia and Panama, but didn’t say when he’s submitting them for a vote in Congress. He recognized (again) that drug consumption in the U.S. is fueling drug violence in Mexico and Central America, but stayed away from saying how his more-of-the-same policies will change anything.

Obama’s only tangible pledge was the announcement that his administration will work to increase the number of Latin American students in the U.S. to 100,000. This is laudable, but still unambitious. According to the Institute of International Education (IIE), last year there were already over 65,000 Latin Americans studying in this country. This poorly compares to other regions and countries. For example, South Korea alone has over 72,000 students in the U.S. Increasing the number of Latin Americans studying here to 100,000 would still leave the region behind China (127,628) and India (104,897). These countries each may have populations greater than that of Latin America, but, as President Obama said yesterday, Latin America and the U.S. share a common history, heritage and values. One would thus expect that the U.S. would be especially open to students from the region.

Of course, the number of Latin Americans studying here doesn’t depend exclusively on the United States. It depends mostly on the ability of people in the region to afford pursuing a degree in a U.S. college or university. However, it’s telling that, despite Latin America’s growing incomes, fewer people from the region come to the United States to study than a decade ago. The IIE shows that in the school year 2001/02 there were over 68,000 Latin Americans studying in the U.S. After 9/11, new visa requirements had a negative impact on the ability of Latino students to come to the United States.

President Obama should be commended for looking at an area where the U.S. can help Latin America. Still, the U.S. should be more welcoming to students from south of the border. The region is at an important stage in its road towards economic development, and having more U.S. educated Latin Americans can have a significant impact on the region’s fortunes. Just ask Chile’s Chicago Boys, for example.

Obama’s Trip to Latin America

As Ted Carpenter notes below, President Obama is departing on an important trip to Latin America. The countries that he will visit exemplify the macroeconomic stability and advancement of democratic institutions now found in much of the region.

Brazil, by far the largest Latin American economy, has enjoyed almost a decade of sound growth and poverty reduction. Chile is the most developed country in the region thanks to decades of economic liberalization, a process that has also made it Latin America’s most mature democracy. And El Salvador is undergoing a delicate period in its transition to becoming a full-fledged democracy with its first left-of-center president since the end of the civil war in 1992.

In an era when most Latin American nations are moving in the right direction—albeit at different speeds, with some setbacks, and with notable exceptions—the United States can serve as a catalyst of change by contributing to more economic integration and the consolidation of the rule of law in the region.

Unfortunately, despite President Obama’s assurances that he’s interested in strengthening economic ties with Latin America, his administration is still delaying the ratification of two important free trade agreements with Colombia and Panama. President Obama also continues to support a failed war on drugs that significantly exacerbates violence and institutional frailty in the region, particularly in Mexico and Central America.

It’s good that President Obama’s trip will highlight significant progress in Latin America, but his administration’s policy actions still don’t match the U.S. goals of encouraging economic growth and sound institutional development in the region.

Tuesday Links

  • Still think the War on Drugs is a good idea, or that it’s working? Decreases in cocaine production in Colombia have been almost fully offset by increases in Peru and Bolivia.
  • Why is nobody talking about the right of Wisconsin taxpayers to not deal with unions?
  • “If you’re the rare bird who favors limited government at home and abroad, you can hardly expect good news from a poll of this generation’s Tracy Flicks.” (Maybe not.)
  • NPR and PBS are using taxpayer dollars to lobby for… more taxpayer dollars. But that’s hardly a new game in Washington.
  • Afghanistan: nation-building on crack.
  • Saying no to a no-fly zone over Libya should be a no-brainer:

Measuring Progress on Violence against Union Members in Colombia

During a recent Congressional hearing on President Obama’s trade agenda, Rep. Sander Levin (D-Mich.) stated his continued objections to the FTA with Colombia:

“Union worker violence in Colombia remains unacceptably high – if not the highest in the world. Limited progress is being made in the investigation and prosecution of those responsible. Additionally, reports indicate that threats against union workers and others have increased, and there has been little concrete action today to pursue these cases.” [Emphasis added].

Levin warned that, despite signs of a more constructive approach to this issue from Colombia’s new president Juan Manuel Santos, “The only adequate measuring stick is progress on the ground.”

Rep. Levin should take a look at the Free Trade Bulletin that my colleague Dan Griswold and I published this week: “Trade Agreement Would Promote U.S. Exports and Colombian Civil Society.” When it comes to progress on the ground regarding violence against union members, Colombia already has a remarkable record. The number of assassinations of trade unionists has dropped 77% since its peak in 2001, compared to the total number of homicides in the country, which declined by 44% in the same period.

 

 

 Sources: National Union School (ENS) and Ministry of Social Protection (MPS).

If we look at the homicide rate as defined by the number of murders per 100,000 inhabitants, the rate for union killings was 5.3 per 100,000 unionists in 2010, six times lower than the homicide rate for the overall population (33.9 per 100,000 inhabitants).

In our paper, we present evidence that shows that union members enjoy greater security than other vulnerable groups of Colombian civil society, such as teachers, councilmen and journalists. Also, we highlight research conducted by economists Daniel Mejía and María José Uribe of the Universidad de los Andes in Colombia, which found no statistical evidence supporting the claim that trade unionists are targeted for their activities. Instead, their results show that “the violence against union members can be explained by the general level of violence and by low levels of economic development.”

As for Rep. Levin’s claim that there has been “little concrete action” to pursue crimes against trade unionists, once again the evidence says otherwise. In 2010 there were over 1,400 trade unionists under a government protection program—more than any other vulnerable group of Colombia’s civil society. In 2007, a special department was created in the Office of the Prosecutor General dedicated exclusively to solving crimes against union members and bringing the perpetrators to justice. Close to 85 percent of the sentences issued since 2000 for assassinations of trade unionists were issued after the creation of this department.

If Rep. Levin’s “adequate measuring stick is progress on the ground,” then he should recognize the tremendous achievements made by Colombia so far in reducing violence against trade unionists, and solving the crimes committed against them.

You can read the full paper here.

Trying Colombia’s Patience on Trade

Our friends in Colombia have been waiting more than four years for the U.S. government to consider a pending free-trade agreement between our two countries. According to an interview this week with Colombia’s ambassador to the United States, Gabriel Silva, Colombians are “losing patience” with their American ally.

The frustration in Colombia is understandable. The agreement was signed in November 2006, but it has been locked in the cupboard since then by labor unions and their congressional allies who claim the Colombian government has not done enough to curb violence in that country against union members.

My Cato colleague Juan Carlos Hidalgo and I examine the agreement and the claims against it in a new Cato Free Trade Bulletin, “Trade Agreement Would Promote U.S. Exports and Colombian Civil Society.” We found that on the commercial side the agreement would deliver the “level playing field” the politicians always tell us they want. Once implemented, it would open the door to an additional $1 billion in U.S. exports.

As for violence against union members, we report the latest evidence that the number of union members killed is down dramatically in recent years, and prosecutions are up even more sharply. Contrary to the story told by critics of the agreement, the murder rate among union members in Colombia is actually far lower than the rate among the general population.

You can read the full bulletin here.

O’Grady on the US-Colombia FTA

Mary Anastasia O’Grady has an excellent article in today’s Wall Street Journal on the Obama administration’s failure to push the U.S.-Colombia preferential trade agreement.  She rightly points out that the terms of the agreement should be especially favorable to mercantalists, since the agreement would see no reductions in the tariffs the United States places on Colombian goods — most of which already enter duty-free under the terms of the Andean Trade Preference Act — but will oblige Colombia to open its markets to those U.S. exports the administration is always banging on about.

More on the Colombia FTA from Cato analysts here and here.

What the 2010 Election Will Mean for Trade

One of the many implications of yesterday’s election is that the new Congress will likely be more friendly toward trade-expanding agreements and less inclined to raise trade barriers.

Trade was not a deciding factor in the election, despite efforts by a number of incumbent Democrats to make it so. Many House and Senate contests were peppered with ads accusing an opponent of favoring trade agreements that gave away U.S. jobs to China. It was a stock line in President Obama’s stump speeches that Republicans favored tax breaks for U.S. companies that ship jobs overseas (a charge I dismantled in an op-ed last week). Yet on Election Day the trade-skeptical rhetoric and ads did not save Democratic seats.

Republicans Pat Toomey, Rob Portman, and Mark Kirk all won Senate seats in the industrial heartland yesterday (Pennsylvania, Ohio, and Illinois, respectively) and all three voted in favor of major trade agreements during their time in the U.S. House. None of them ran away from their records on trade.

The key change for trade policy will be the switch of the House to Republican control in January. Democratic House leaders were generally hostile to trade agreements during their four-year tenure, refusing to allow a vote on the Colombia trade agreement in 2008 even after President Bush submitted it to Congress while allowing a vote this fall on a bill to raise tariffs against imports from China.

In contrast, the incoming GOP House leaders, presumptive Speaker John Boehner of Ohio, Majority Leader Eric Cantor of Virginia, and Ways and Means Committee Chair David Camp of Michigan, have all voted more than two-thirds of the time for lower trade barriers, according to Cato’s trade vote data base. The trade-hostile influence of organized labor, so prominent the past four years, will be greatly diminished.

The new Congress will be more likely to consider and pass pending trade agreements with South Korea, Colombia, and Panama. The Obama administration has endorsed all three in the abstract, but has done little to actually push Congress to approve them. These three agreements offer an opportunity for the White House to work with the new Congress in a bipartisan way to promote exports and deepen ties with friendly nations.

The news is not all positive on the trade front. A more Republican-weighted Congress will probably not be much different when it comes to rewriting the farm bill in 2012. Republicans have shown themselves to be similar to Democrats in supporting subsidies and trade barriers to benefit certain farm sectors such as sugar, rice, cotton, and corn. And Republicans are far more inclined that Democrats to support the failed, 50-year-old trade and travel embargo against Cuba.