HomeArchiveLibertarians Submit CAFTA to Congress

Libertarians Submit CAFTA to Congress

THE Libertarian Movement Party attempted to makebusiness leaders’ wildest dreams a reality last week whenits legislators submitted the Central American Free-TradeAgreement with the United States (CAFTA) to theLegislative Assembly for discussion – an action only thePresident is empowered to undertake, according to traditionalinterpretations of the Constitution.The Libertarians insist there is room for interpretationin the Constitution regarding this matter.The unusual move, which Libertarian faction leaderFederico Malavassi referred to as a “legal strategy,” hascaused a stir among legislators.However, it appears unlikely it will result in the discussion of the controversial trade pactwithout the President’s approval.PRESIDENT Abel Pacheco hasangered CAFTA proponents by refusing tosend the agreement to the assembly for discussionuntil his controversial tax plan isapproved. The Libertarians, who are thetax plan’s most vocal opponents, areamong those who say Pacheco’s positionspells disaster for the country’s economicfuture (TT, Jan. 21).The Libertarians submitted the text ofthe agreement, signed by Costa Rica,Nicaragua, Honduras, El Salvador,Guatemala and the United States in May2004 – the Dominican Republic signed onin August of last year – to the assembly onFeb. 4, prompting what Malavassidescribed as “a great legal discussion.”NO matter how the Constitution isinterpreted, no action can be taken onCAFTA until May 1, when the assembly’sordinary session begins. The Constitutiongives the Executive Branch the sole rightto set the agenda when it convenes extraordinarysessions, such as the one nowunder way.After May 1, however, there appears tobe some room for interpretation regardingwho has the power to send CAFTA to theassembly.According to Article 123, “the initiativefor enactment of laws can be taken byany member of the Legislative Assembly,or by the Executive Branch through theCabinet Ministers.”However, Article 140 gives theExecutive Branch the sole power to “enterinto and subscribe agreements (and) publictreaties,” and “to direct the internationalrelations of theRepublic.”These clauseshave traditionallybeen takento mean that thePresident has thepower to decideif and when tosend internationaltreaties to theassembly for ratification,Malavassitold TheTico Times thisweek.“However, we did an analysis of theConstitution and found that to be untrue,”he added.UNFORTUNATELY for Malavassiand his cohorts, the assembly’s GeneralSecretariat appears to side with the traditionalview.On Monday, the secretariat respondedto the Libertarians’ presentation ofCAFTA, saying the assembly cannot discussthe pact until Pacheco decides to submitit.“The assembly only has the power toapprove or reject,” explained GerardoVargas, a legislator from the Citizens’Action Party (PAC).“Only the Executive Branch can presentthe treaty,” he told The Tico Times onTuesday.Malavassi expressed hope nonetheless,saying the Government Attorney’s Officehas undertaken a study of the issue, and theLibertarians are considering an appealbefore the Constitutional Chamber of theSupreme Court (Sala IV).The Libertarians have also said theyhope the action will inspire other parties toheighten their pressure on Pacheco to sendCAFTA to the assembly soon.At his weekly Cabinet meetingTuesday, Pacheco reiterated his now familiardefense of his insistence on taxreform (see separate article).BUSINESS leaders have beenbemoaning Pacheco’s position for months,taking any opportunity to enumerate thebenefits of free trade and the possible consequencesif Costa Rica delays in ratifyingCAFTA, or fails to ratify it altogether.They have raised their voices still louderin recent months as the Presidents ofGuatemala, Honduras and Nicaragua sentthe agreement to their respective legislaturesand El Salvador’s assembly ratifiedCAFTA late last year (TT, Dec. 24, 2004).The Dominican Republic and theUnited States are the only other signatorycountries besides Costa Rica where thechief executives have not yet submitted thepact to the legislature.IN Costa Rica, CAFTA proponents sayPacheco risks endangering thousands ofjobs and driving away foreign investment.Labor Minister Fernando Trejos chidedthe private sector this week for overstatingtheir case, according the daily DiarioExtra.He said the doom-and-gloom commentsfrom the private sector could driveaway foreign investment by creating anegative image for Costa Rica in the eyesof the world.

Trending Now

Costa Rica and El Salvador Sign New Agreement to Fight Organized Crime

Costa Rica and El Salvador have signed a new security agreement aimed at strengthening cooperation against organized crime, as President Laura Fernández moves to...

Costa Rica’s Lesser-Known Juan Castro Blanco Park Prepares for Tourists

Construction is underway on new visitor facilities at Juan Castro Blanco National Park, a lesser-known protected area in northern Costa Rica, as officials work...

Costa Rica Ransomware Attacks Rise 39%, Microsoft Reports

Ransomware attacks targeting Costa Rica increased by 39% over the past year, placing us among the world's ten most affected nations, according to Microsoft's...

Costa Rica’s Trash Problem Begins in Our Own Neighborhoods

I was walking up the street toward my house when I saw a young man coming from the other direction casually toss a bit...

Costa Rica Opens Prison Modeled on El Salvador’s CECOT

Costa Rica's new maximum-security prison opens today, but no inmates move in until late October. Here is how it will operate, who goes first and the legal fight over its rules.

Costa Rica’s Rebeca Grynspan Leads UN Race but Faces Two Potential Vetoes

Costa Rican diplomat Rebeca Grynspan remains the leading candidate to become the next secretary-general of the United Nations, but a new round of voting...

Costa Rica Raises Mandatory Vehicle Insurance Rates for 2027

Anyone owning a car in Costa Rica will face higher mandatory insurance costs in 2027, with private vehicles, motorcycles and buses among the categories...

Three Paperwork Problems Led Costa Rica to Deny Beéle Concert Permit

Immigration says a contract filed for the Beéle concert listed a signer who was not in Costa Rica. Ticket refunds start automatically Monday.

Beéle Concert in Costa Rica Canceled Hours Before Show

The concert by Colombian singer Beéle scheduled for tonight in Costa Rica has been canceled less than 24 hours before the show, leaving ticket...
Loading…

Latest News from Costa Rica

Costa Rica Coffee Maker Chorreador
Costa Rica Car Rentals
Costa Rica Travel Insurance
Costa Rica Travel