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From the success of super-minister Sérgio Moro to the failure of 'hugs, not bullets': two different signs in the first year of populist presidents in Brazil and Mexico

  • AMLO promised to end the steady annual rise in homicides seen under his two predecessors, but over the course of 2019 he has accentuated it.

  • Improved figures in Brazil are overshadowed by an increase in accidental deaths in police operations and the issue increase in the number of provisional inmates in prisons.

  • In the first months of 2020 in both Mexico and Brazil homicides have increased, but the Covid-19 confinement could affect the annual statistics.

The Mexican president at the launch of the National Guard in June 2019 [Gov. of Mexico].

▲ The Mexican president at the launch of the National Guard in June 2019 [Gov. of Mexico].

report SRA 2020 / Túlio Dias de Assis and Marcelina Kropiwnicka[PDF version].

One of Latin America's best-known conflicts is its high level of violence, often as a consequence of the strong presence of organised crime. Within this regional paradigm, not all presidents deal with the problem of crime in the same way. While some opt for a more passive policy, others prefer to bet on an iron fist, despite the risks that this may entail. 2019 was the first year in office of Andrés Manuel López Obrador and Jair Bolsonaro, populist leaders of opposing ideologies, who came to power barely a month apart. In Brazil homicides went down, in Mexico they went up.

Mexico

There were a total of 35,588 victims of intentional homicide in Mexico in 2019. This means that, as 2019 drew to a close, a record high in homicides nationwide was left behind. In doing so, President López Obrador, known by the abbreviation AMLO, failed to deliver on his election promise to reduce violence. Although he maintained his approval rating at 72% at the end of 2019, his approval has been damaged in the aftermath by his management of the coronavirus health crisis.

Three previous governments had favoured military combat against drug cartels, but López Obrador established a divergent security strategy upon his arrival, focusing more on the self-described approach of "abrazos, no balazos" (hugs, not bullets). This approach led to the release of Ovidio Guzmán, son of Joaquín 'El Chapo' Guzmán, which the government argued was motivated by a desire to prevent an escalation of cartel violence. In addition, AMLO created the National Guard, a new security force that has been deploying tens of thousands of troops, formerly from the army and federal police, to tackle organised crime in areas core topic across the country. While the new strategy aims to strengthen security and tackle violence in the cities, it has so far failed to curb the barbarity. The president has even reneged on another promise and announced that for the time being the army will remain on the streets sharing the role of citizen security.

The issue of intentional homicides in 2019 was 34,582, up 2.5% from 33,743 the previous year; femicides reached 1,006, up 10.3% from 912 in 2018, according to the National Public Security System (SNSP). Although in previous years, during presidents Enrique Peña Nieto's term in office, there were larger increases - previous increases were 15.7% (from 2017 to 2018), 26.5% (from 2016 to 2017) and 25.1% (from 2015 to 2016) - the 2019 homicides represent the highest overall figure recorded in the last two decades. The figures from the mandate of Felipe Calderón (PAN), the first to take the army to the streets to fight drugs, were surpassed in the mandate of Peña Nieto (PRI) and now there has been an increase again in the first year of López Obrador (Morena). All three criticised the security management of their predecessors and all three failed in their purpose (AMLO at least for the moment).

On average, 2,881 murders were committed per month in 2019; the highest issue recorded was 2,993 murders in June and the lowest issue was 2,731 in April. The state with the most homicides was Guanajuato, followed by the state of Mexico and leave California. In terms of homicide rate per 100,000 inhabitants, Colima ranked first with 98.3, followed by leave California (80.6) and Chihuahua (68.7).

Much of the violence that has occurred across the country is directly related to gang formations and drug traffickers, and the struggle for dominance of local markets. It is therefore not surprising that Colima, home to the strategic port of Manzanillo, a focus of illicit activities, is the state at the top of the blacklist. In addition, there is partnership between criminal groups on both sides of the US-Mexico border for the mutual supply of drugs and weapons. Seventy per cent of homicides are committed with firearms, many of which have been smuggled across the border. The status not only undermines security in Mexico but also in the US. 

Donald Trump has urged Mexico to "wage war" against the cartels. In November he announced that he would officially label them as terrorist organisations. "The United States is ready, willing and able to engage and do the work quickly and effectively," Trump tweeted at the time. However, he ended up postponing the proclamation at the request of the Mexican president.

In the first quarter of 2020, homicides continued their upward trend, with 269 homicides more than in the same quarter of the previous year. While the social distancing measures taken during the Covid-19 crisis may change the trend in the second semester, the reduced investment in security to direct the public expense towards the health and economic sectors may push up the issue murder rate.

 

 

Brazil

In contrast to Mexico, Brazil has achieved a series of more positive results, following a trend to leave already experienced in the last year of Michel Temer's presidency. This is mainly due to the measures taken by the until recently appointed Minister of Justice and Public Security Sérgio Moro, the former federal judge in charge of Operation Car Wash. Bolsonaro's choice of Moro as minister was not random, since Moro is considered by a large part of the population as a hero in the fight against corruption, due to the various trials he led against members of Odebrecht and the political class , including the one that led to the imprisonment of former president Lula da Silva. Having promised in his campaign a tough hand against crime and corruption, Bolsonaro decided to merge the ministries of Justice and Public Security and offer Moro its leadership.

issue The decision was a wise one, and one of those that best sustained the Brazilian president's popularity in his first year in office. test of this was the significant drop in violent crime, including a 19% drop in the number of homicides issue . This is one of the most worrying indicators in Brazil, as it is the country with the highest issue gross annual homicide rate in the world. In 2018 homicides were 51,558, while in 2019 they fell to 41,635, a decrease of 19.2%. Excluding larcenies from these figures, the decrease was from 49,120 to 29,750.

In addition, cargo thefts were down by 35% and drug seizures increased by 81%. In Rio de Janeiro, one of the most problematic states in terms of security, larceny (robbery followed by death) was reduced by 34% and seizures of illegal weapons increased by 32%.

One of the measures that contributed most to this decline was the integration of the different institutions of state security forces at all levels: federal, state and municipal. This has allowed for a higher level of coordination, especially significant in the area of intelligence services, where information now flows more easily between institutions. Furthermore, in this same area, it is worth highlighting the investments made in Big Data and intelligence systems. The main focus has been on facial recognition and video surveillance systems.

Another important policy has been the transfer of gang leaders to more isolated prisons, thus preventing their possible communication and coordination with gang members on the outside.

Finally, mention should be made of the so-called "anti-crime package": a series of laws and reforms to the penal code that increase the power of the security forces to act, as well as establishing harsher penalties for violent crime, organised crime and corruption. The project C finally adopted by the Brazilian Parliament is a far cry from Moro's original proposal , but it has contributed, albeit to a lesser extent, to the drop in crime.

On the other hand, these positive figures were accompanied by a worrying increase in accidental deaths in police operations, with several cases of children killed by stray bullets in shoot-outs between drug gangs and security forces going viral. In addition, the issue number of provisional prisoners in Brazilian jails increased by 4.3% compared to the previous year. All this has encouraged criticism from most of the civil service examination and various national and international human rights NGOs.

In the first two months of 2020, 548 more deaths were recorded than in the same period of the previous year. This spike occurred in 20 of Brazil's 27 federal states, suggesting that this is a general trend rather than a sporadic episode. However, due to the mandatory quarantine library porter in several states and municipalities, homicides fell again, making any extrapolation for this year as a whole difficult. Another factor to take into account for 2020 is the recent resignation of Minister Moro; without him, the likelihood that the reforms initiated in the first year will continue is greatly reduced.

Categories Global Affairs: Security and defence Articles Latin America

After a record production of opium poppies in Mexico and overdose deaths in the US the problem has stopped growing

  • Less amount of heroin is reaching the US market: Mexican authorites eradicated 29,207 hectares of poppy crops in 2017, and 17,288 hectares in the first half of 2018

  • US President Trump signed in October 2018 the Opioid Crisis Response Act; a National Drug Control Strategy was published in January 2019.

  • Mexico is the main transit route into the US for fentanyl originating from China; Mexican anti-narcotics operations try to exert more control over this trade

Cultivation of opium poppies (Papaver somniferum), the variety of poppies (Papaver) with the highest concentration of narcotics [DEA].

▲ Cultivation of opium poppies (Papaver somniferum), the variety of poppies (Papaver) with the highest concentration of narcotics [DEA].

ARS 2019 Report / Marcelina Kropiwnicka[PDF version] [PDF version].

The severe opioid crisis experienced by the United States in recent years, with a record number of deaths by drug overdoses in 2017, apparently began to remit in 2018, according to the first available data. Both the efforts of the United States to confront the epidemic and of Mexico in eradicating opium poppy crops seem to be bearing fruit.

The dramatic increase in opium cultivation and heroin production in Mexico in the last years triggered drug consumption in the US. Besides, Mexico is the main route into the US for fentanyl, an opioid narcotic which is behind the US opioid epidemic as well.

After four years of sharp increase, the number of deaths in the United States due to opioid overdose rise in 2017 to 47,600, twice as many as in 2010. The main part of those deaths was due to the consumption of prescription opioids (17,029), followed by overdose deaths involving heroin (15,482). In both cases, the increase was mainly due to the use of synthetic narcotics, basically fentanyl, as prescription drug or mixed with heroin.

The first data referring to 2018 provided by the US health authorities seem to reflect a stabilization in the number of deaths due to opioid overdoses, which would at least indicate that the problem has stopped growing. Along with the efforts of the US administration to put in place a stricter regulation for the prescription of certain medicines, especially affecting synthetic opiates, there is a greater eradication of illicit crops in Mexico, with special emphasis on the cultivation of opioid poppies.

In 2017 the Mexican authorities proceeded to eradicate 29,207 hectares of this crop, thus limiting the heroin that in 2018 could reach the US domestic market. In 2018 eradication accelerated: in the first half of the year, the crop of 17,288 hectares was eliminated. This is a progress highlighted by the latest International Narcotics Control Strategy Report (INCSR), published in Mach 2019 by the US Department of State.

Heroin production

Illicit heroin and fentanyl have been infecting US neighborhoods for years. Initially, the source for almost all heroin found in the US was from Southern Asia. Over the past few decades, however, the trade for heroin has changed drastically. Most of the heroin found in US communities comes from South America, and namely Mexico. This has been fueled by a number of factors, including increased production and trafficking by criminal organizations. These current trends in drug trafficking lead to opioid abuse, and represent a considerable shift in outcomes. This has obliged the governments in both countries to instill and coordinate new law enforcement responses.

The United States is home to the largest heroin market in the Americas. Created from the milky sap scraped from the seedpod of an opium poppy, heroin can be transformed into multiple forms. These include powder, viscous tar, pills, a rock-like black substance and more. In addition to this, the substance has different degrees of purity, with white powder heroin being the purest and black tar-like heroin being the most impure. Heroin can also be administered through a number of means, but most commonly is smoked, injected or snorted.

According to the United Nations Office on Drugs and Crime (UNODC), most of the heroin trafficked into the US comes from Mexico. Along with this, Mexican poppy cultivation and heroin production have been on the rise, especially over the past decade, contributing to the ever-increasing threat to the United States. In fact, 2017 was the year Mexican poppy cultivation and heroin production reached a record high, as the Office of National Drug Control Policy of the White House reaffirmed in August 2018: poppy cultivation in Mexico rose 38 percent, from 32,000 hectares in 2016 to 44,100 hectares in 2017; it went from 685 tons to 944 tons of potential opium production, and from 81 tons to 111 tons of potential pure heroin elaboration, almost five times 2012 levels.

Evaluations carried out by the US Drug Enforcement Agency (DEA) in its October 2018 report National Drug Threat Assessment (NDTA) stated that Mexico accounts for 91 percent (by weight) of heroin found in the US. A similar figure is given by the World Drug Report (WDR) published by the UNODC in June 2018: "Analysis of heroin samples in the United States over the past decade shows the increasing predominance of Mexico (90 percent of samples analysed in 2015) as a source country of the drug". According to the INCSR, the Department of State report already mentioned, Mexico is especially focused on producing heroin, marijuana, and methamphetamine that is destined for the US; it is also a main transit route- originating from China-for another important triger of the opioid crisis in the US: fentanyl.

Fentanyl

Fentanyl's availability is widespread and surging. While there are licit forms of the opioid, such as painkillers and anaesthetics, illicit production and trafficking of it are on the rise. The new trend is rooted toward mixing synthetic opiate fentanyl in Mexico's tarry black heroin, without the consumer's knowledge. Fentanyl is a synthetic opioid that is approximately 50 times more potent than heroin and 100 times stronger than morphine. The opioid is much cheaper when it comes to production, mainly because rather than being grown on a farm it is manufactured in a laboratory. The decreased cost for the traffickers and increased high for users signifies that drug producers have begun to cut their heroin with fentanyl.

The DEA warns that Mexican cartels present an intense threat to US neighborhoods mainly given their dominance in heroin and fentanyl exports). It also noted that a majority of the samples that were seized and analyzed involved fentanyl in its powder form. The concern arising from this is that fentanyl could be pressed into counterfeit pills, mainly because most drug abusers use prescription pain pills rather than heroin. This means that the creation of such counterfeit pills could ultimately affect a larger population of individuals.

The increase in heroin related deaths has been primarily linked to heroin being combined with fentanyl. The counterfeit pills could increase deaths due to fentanyl and white powder heroin looking alike. Consequently, users are unaware that the heroin they have purchased contains fentanyl, thus removing the user's ability to know the potency of the drug and preventing them from correctly dosing in respect to their tolerance level.

 

Mexico Poppy/Heroin

 

Solving the problem

The opioid epidemic suffered by the US in the last years was confronted in 2018 by the Trump administration with some special measures. In October 2018 President Trump signed the Opioid Crisis Response Act, which gave more powers to the US health authorities to monitor the situation and extended the controls on patient access to some specific drugs. In January 2019 a National Drug Control Strategy was published by the White House in order to take extra steps to protecting the public through effective drug abuse prevention, addiction treatment and use of law enforcement actions.

Apart from these new tools, the US relies on a long-standing relationship with Mexico regarding anti-narcotic matters. Both countries set up in 2008 the Merida Initiative, which allows the US to assist the Mexican authorities in different fields. It includes several measures in order to improve law enforcement operations: training and equipment to dismantle covert drug labs, cutting-edge airport security training, advanced inspection tools equipped along border crossings and checkpoints, and so forth in order to improve law enforcement operations, among others. Results have already been seen, as Mexican units trained by US officials have seized more than 300 illicit laboratories since 2015. In addition to this, canines donated by the initiative have helped detect a significant amount of illicit drugs attempting to pass the border.

Categories Global Affairs: North America Security and defense Articles

The cancellation of the new CDMX airport, already more than 31% built, sows doubts about the economic success of the new administration.

Andrés Manuel López Obrador arrives to the presidency of Mexico facing the economic world, to which he has put up a fight with his advertisement to paralyze the works of the new airport of the capital, despite the fact that a third of the works have already been carried out. The desire to make clear to the economic power who rules the country and to bury what was to be an emblematic bequest of the PRI -whose historical hegemony he hopes to replace with his own party, Morena- may be behind the controversial decision.

Image of the projected NAICM created by Fernando Romero Enterprise, Foster and Partners

▲ Image of the projected NAICM created by Fernando Romero Enterprise, Foster and Partners.

article / Antonio Navalón

The Mexican PRI returned to the presidency of the country in 2012, led by Enrique Peña Nieto, with the promise of making a major investment in public infrastructure that would put Mexico in the world's showcase. The stellar work chosen was the construction of a new airport, whose project was commissioned to architect Norman Foster and which the Institutional Revolutionary Party (PRI) saw as the inheritance that would always be attributed to it.

This great project was to overshadow any negative bequest of Peña Nieto's term, which has been especially marked by corruption cases and historic record violence figures. Although useful for political marketing, increasing the air traffic capacity of Mexico City (CDMX), whose metropolitan area has 23 million inhabitants, is a necessity for boosting the national Economics .

The US$13.3 billion project was one of the largest investments in the country's history. Named Nuevo Aeropuerto Internacional de Ciudad de México (NAICM, later simplified as NAIM) and located at area in Texcoco, a little further away than the current facilities in use, the new infrastructure was to be developed in two phases. The first phase consisted of the construction of a large terminal and three runways, which were initially planned to be ready by 2020, but whose entrance in service had been postponed to 2022 due to construction delays. The second phase would see the construction of three additional runways, plus a second terminal, which would be ready for operation from 2035.

Plans called for NAICM to have the capacity to transport between 70 and 135 million passengers annually, thanks to an operating volume of between 115 and 135 slots per hour. These figures gave a long-term deadline potential benefit of more than $32 billion, according to government estimates.

The project sought first of all to solve the serious air saturation problem suffered by the current Benito Juarez International Airport in Mexico City, caused by the low performance capacity of the two runways that operate simultaneously. In addition, the construction of the NAICM was based on the hope of turning CDMX into a world logistics hub, with the potential to multiply the current airport's cargo transport capacity fourfold.

The level of freight transport in this macro project would be able to reach 2 million tons per year, thus becoming, as its promoters assured, the main distribution center in Latin America. NAICM's ambition, therefore, was to become a reference not only in the American continent but also worldwide, both in the transfer of tourists and in the transport of goods.

NAICM construction began in 2015 and to date 31% of the work has been completed. Although this Degree of completion represents a slight delay compared to the original schedule, the foundation and channeling works are already finished and high Structures intended to hold the wide roof can be seen on the surface. However, despite this progress and the investment already made, the country's new president has announced that he is completely burying the project.

Elections and enquiry

The presidential elections of July 1st were won by the leftist Andrés Manuel López Obrador (inaugurated on December 1st). Former leader of the PRI, thanks to which he served as mayor of the capital, over time he drifted to the left: he first joined the Party of the Democratic Revolution (PRD) and, after losing two elections for the presidency of the country, he created the National Regeneration Movement (Morena). In July, Morena won a majority in both chambers of congress and also conquered the CDMX government, giving AMLO, as the new president is commonly known, broad powers to carry out his policies. While he fell 17 votes short of a qualified majority in the Senate that could change the Constitution, he could gain allies for that purpose.

During the election campaign, Lopez Obrador defended the cancellation of the new airport project alleging its high cost, and raised the possibility that, as an alternative, some improvements could be made to the current airport and the Santa Lucia airport, a military base in the area of the Mexican capital that could be enabled for international flights. But Morena's candidate assured that he would make a enquiry to know the opinion of the Mexican people and that he would abide by the results.

Without waiting to take office as President, Lopez Obrador had Morena carry out this enquiry, which was not organized by the Government but by a political party, and furthermore did not take place in the whole country but in 538 municipalities out of the 2,463 that exist in Mexico. The ballot boxes, set up between October 25 and 28, voted "no" to NAICM: with a participation of only 1% of the national electoral body, 69% voted for the alternative of Santa Lucia and 29% voted to continue the works in Texcoco. López Obrador announced that, in application of result, he will halt the works for the new airport, despite the investment already made.

Some popular movements and also naturalists calling for the preservation of the natural environment applauded the advertisement, but there were also protest marches against the decision in the streets of downtown CDMX. The private sector has greatly regretted the purpose decision to cancel the NAICM project . Leading businessmen in the country and organizations such as the Confederation of Mexican Industrial Chambers (CONCAMIN), which represents 35% of Mexican GDP and 40% of employment in the country, came out in defense of the original project and asked López Obrador to reconsider his decision. Their argument is that any alternative will fall short of the demands of growing air traffic, weighing down the country's development . They also argue that any decision other than continuing with the construction of the NAICM will be more expensive than completing the planned airport [1].

 

Airport Infrastructure Proposals

 

Economic impact

For CONCAMIN, "the current airport lacks the infrastructure and any improvement would not fix the fundamental problems it has", and a bet on the Santa Lucia base "would be a waste of time and money, which will create problems rather than solve them", according to the president of this business association , Francisco Cervantes.

José Navalón, of CONCAMIN's Foreign Trade and International Affairs Commission, of which he is a member, warns that López Obrador's decision will be a major blow to Mexico's macroeconomic and financial system. In his words, "it is still too early to assess possible consequences, but it will be necessary to see if Mexico has the appropriate airport infrastructure, in terms of competitiveness and connectivity, for what is the second largest Economics in Latin America". In any case, for the moment "there has been a problem of lack of confidence in the markets, which has been immediately reflected in the fall of the peso and the markets" [2].

Indeed, while López Obrador was greeted in July with a rise in the markets, because his resounding victory seemed to augur stability for Mexico, his inauguration in December is being accompanied by an "exodus" of investors. The peso has fallen nearly 10% against the dollar in August, the stock market is down 7.6% and in October alone investors sold 2.4 billion dollars in Mexican bonds.

"The main questions that investors are asking today," Navalón continues, "is whether it is safe to invest in Mexico and how often this subject of decisions that do not follow any subject of legality will be taken," as important companies will be affected by the cancellation of a project in progress. He also warns that "the election of Bolsonaro in Brazil, whose profile is a magnet for foreign investment, may directly affect investment in Mexico".

The big question is why López Obrador maintains his decision against the new airport, in spite of the economic penalty it will mean for the Government and the risk of investor flight. We must understand that Mexico has always been a country that has been led by economic power. With its attitude towards NAICM, it aims to clearly mark the line of separation between political and economic power, making it clear that the era of economic power is over. A second reason is that NAICM was going to be the PRI's inheritance and López Obrador probably seeks to destroy any subject of association of this macro project with the party he intends to bury.

 

REFERENCES

[1] CONCAMIN Document "Airport Proposals" 2018.

[2] Personal interviews with Francisco Cervantes and José Navalón.

Categories Global Affairs: North America World order, diplomacy and governance Articles Latin America

NAFTA: Half a year of renegotiation without major progress

▲Presidents Enrique Peña Nieto and Donald Trump, in the latest G20 Summit; Hamburg, July 2017 [Presidency of Mexico].

ANALYSIS / Dania Del Carmen Hernández [English version] [Spanish version].

Canada, the United States and Mexico find themselves immersed in the renegotiation of the North American Free Trade Agreement (NAFTA). The trade treaty between these three countries has been controversial in the past few years, especially in the US, where many have doubted its benefits. During the presidential campaign, Donald Trump defended the complete elimination of the treaty; subsequently, when already in the White House, he agreed to make the renegotiation happen. President Trump argues that the pact has hollowed out US manufacturing and caused a trade deficit of over $60 billion with Mexico ($18 billion with Canada), so unless he can rework it in favor of the United States, he said, he won't hesitate to withdraw from it.

Overall, the American people have pretty positive views on the treaty, with 56% of the population who say that NAFTA is beneficial to the country, and just a 33% who say it's bad, according to a poll conducted by Pew Research in November 2017. Out of those who have a negative view, the majority are Republicans with 53% of them claiming Mexico benefits more, compared to Democrats who are generally more supportive of the trade pact and with just 16% who agree with the Republicans on that matter.

 

U.S. Trade in Goods with Mexico

 

Regardless of public acceptance, opinion on the treaty hasn't always been so dubious. When President Bill Clinton signed it into law, it was actually considered one of the first successes in his presidency. The same way globalization has liberalized trade all over the world, NAFTA effectively expanded trade and presented a great number of opportunities for the US, all while strengthening the country's economy.

Under NAFTA, US trade in goods and services with Canada and Mexico went from $337 billion in 1994 when the treaty came into force, to about $1.4 trillion in 2016. Under NAFTA, cross-border investment among the three member countries has surged as well, from $126.8 billion in 1993 to $731.3 billion in 2016.

The concern in Washington is that, despite of the increasing volume of trade, in relative terms the US isn't getting fruitful enough results, compared to what its neighbors are getting from it. In any case, Canada and Mexico accept that, almost after 25 years of validity, the agreement must be revised to be able to adapt it to the new productive and commercial conditions, defined by technological innovations that, as is with the case of the development of the internet, were not contemplated when the treaty was signed.

Round to round examination

The discussion between the three countries affects numerous aspects, but we can talk about three main blocks that have to do with certain network lines set by the different parties in the negotiation: rules of origin; the desire of the United States to end the independent system of arbitration, through which Canada and Mexico can terminate the measures that might violate the treaty (elimination of Chapter 19), and finally other proposals, perhaps less decisive but equally important, oriented towards the general wish to update the agreement.

When the negotiations started, in August 2017, the countries expressed a concern to reach a final decision in January 2018. The plan was to have six rounds of meetings. That number has been already overcome: a seventh round is happening at the end of February and there will be possibly more. As we have reached the initial deadline an examination on the state of the discussion is relevant. A good way of doing it is following the evolution of the conversations through the rounds of meetings celebrated and this way we can evaluate the results that have been registered so far.

 

Latest North America Summit, with Presidents Peña Nieto and Obama, and Prime Minister Trudeau; Canada, June 2016

Latest North America Summit, with Presidents Peña Nieto and Obama, and Prime Minister Trudeau; Canada, June 2016 [Presidency of Mexico].

 

1st Round (Washington, D.C.; August 16-20, 2017)

The first round of negotiations set the priorities for each of the three countries on the table; it served to fixate the diary of the principal issues that would be discussed later on, without going into much detail about the measures and the how- to's.

In the first place, Donald Trump had already set clear during his campaign that he considered NAFTA an unjust agreement for the United States, due to the trade deficit that the country has mostly with Mexico, and to a lesser extent, with Canada. According to the Office of the United States Trade Representative (USTR), the US went from a surplus of $1.3 billion in 1994 to a deficit of $64 billion in 2016. The major part of this deficit comes from the automotive industry. For the new administration, this puts in doubt that the treaty may have beneficial effects on American economy. Mexico, less predisposed to introduce important changes, insists that NAFTA has been good for all parties involved.

Another topic that was noted was Mexico's salary gap against the US and Canada. Mexico defends that, despite having one of the lowest minimum wages in South America, and having had their medium wage stuck during the two past decades, this shouldn't be taken into account in the negotiations, for it is estimates that Mexican salaries will eventually reach those of their commercial partners. On the contrary, for the US and Canada, this remains a matter of concern; both countries insist that a wage increase would not damage Mexican economy.

Rules of origin was one of the principal recurring topics of discussion. The United States is looking for augmentation in the percentage of content that is required to consider a product as of origin so that it won't be necessary to pay tariffs when moving it between the three countries. This proved to be rather controversial in this first round, as it could negatively affect Mexican and Canadian companies. Specialists have made the remark that a minimum of national content does not exist in any free trade treaties in the world.

Lastly, Trump's administration let their intentions of eliminating Chapter 19 show. A section of the treaty which guarantees equality in the solving of disputes between the countries, making it so that it isn't national laws what will dictate the outcome. The US understands it as a threat to their sovereignty and believes that conflicts should be resolved in a way in which their own democratic processes wont be ignored or jeopardized. For their part, Canada conditioned their permanence in the treaty with the maintenance of the chapter. Mexico also defends guarantees of independence in the resolution of conflicts even though for the moment it hasn't been categorical in this discussion, since it lingers on the side, and will act accordingly to what results most favorable.

 

Main diary

 

2nd Round (Mexico City; September 1-5, 2017)

Although considered successful by many analysts, the second round of the renegotiation followed a very slow pace. Some of the matters that made advances were: wages, access to markets, investment, investment, rules of origin, commercial facilitation, environmental issues, digital commerce, SME's, transparency, anti-corruption laws, agronomy and textiles.

The president of Corporate Coordinating Council in Mexico, Juan Pablo Castañon, insisted that for now the salary issue wasn't up for negotiation, and rejected the idea that any of the parties had the intention of pulling out of the treaty, despite the previous threats from the Trump administration. Castañon rallied in favor of Mexico supporting the maintenance of Chapter 19 or the establishment of a similar instrument with the purpose of solving commercial controversies amid the three countries.

3rd Round (Ottawa; September 23-27, 2017)

The delegates made important advances in competition policies, digital commerce, state-owned companies and telecommunications. The principal development had to do with some aspects related to SME's.

The Canadian chancellor, Chrystia Freeland, criticized that the United States had not made any written formal proposals on the most complex areas, demonstrating a passive attitude of the country in the context of the negotiation.

The US trade official, Robert Lighthizer, said that his country is interested in increasing the salaries in Mexico to avoid an unfair competence, seeing that Mexico has attracted factories and investments with their low salaries and their weak trade-union regulations.

Canada endured a firm posture on Chapter 19, which they consider one of the greatest achievements of the current agreement. "Our government is absolutely committed to defending it," said Freeland. Washington requested, though without presenting a formal proposal, the modification of the rules of origin so that they are more strict, avoiding that imports from other nations are considered "made in North America", just because they were assembled in Mexico.

This round took place while the United States fixed a tariff of almost 220% to the CSeries aircrafts by the Canadian manufacturer Bombardier, after considering that the enterprise had used a governmental subsidy to sell its plans to the United States at artificially low prices.

4th Round (Virginia; October 11-17, 2017)

The United States presented their formal proposal of elevating the rules of origin in the automobile industry and suggested introducing a termination clause in the treaty.

The US proposed raising the percentage of components of national origin from any of the three countries from 62.5% to 85% so that the production in the automobile industry can benefit from NAFTA. This way 50% of it will be American production.

It was also debated, in the interest of Washington, the weakening of the system of controversy resolution present in Chapter 19, which was done without registering an approximation of the positions.

To finish, they talked about a termination clause that would give the treaty five years of life and once that time was over, it would automatically disappear, unless, when the time came, the countries decided to renew it. This proposal received several critiques, many claiming that this could infringe the essence of the agreement and that every five years would generate uncertainty in the region, considering that it would affect the investment plans of companies.

These proposals just add to the harsh climax of the negotiation that had been present since the last round in which the US had started to defend difficult proposals like the trials for dumping (selling a product for a price below its normal price) in the imports of perishable Mexican products (tomatoes and berries, governmental and textile purchases.

5th Round (Mexico City; November 17-21, 2017)

 
GDP per capita US / Mexico / Canada
 

The fifth round didn't show too many advances. The United States kept their requests and that generated frustration amongst the representatives of Mexico and Canada.

The US didn't receive alternatives to its proposal to change the regional composition from a 62.5% to an 85%, and that at least 50% is American, On the contrary, its commercial partners showed the damage that this proposal could cause to the three economies.

Faced with the US' intentions to limit the number of concessions that their federal government offers to Mexican and Canadian enterprises, Mexican negotiators responded with a proposal to limit the country's public contracts to the number of the contracts attained by Mexican companies with other governments inside the NAFTA. Given that the number of those contracts is significantly reduced, US companies will see their contracting being restricted.

Upon completion of this fifth round, the topics that are now more developed are the ones that involve a regulatory enhancement of telecommunications and the chapter on sanitary and phytosanitary measures. With this last thing, Americans are looking to establish new transparent and non discriminatory norms, that will allow each country to establish the degree of protection they find appropriate.

6th Round (Montreal; January 23-29, 2018)

The Sixth Negotiation Round saw some progress. The chapter on corruption was finally closed, and progress was made in other fields. More importantly, we finally saw a discussion that involved some of the core issues that had been pushed back in the previous negotiations. The progression is slow, but steady.

Robert Lightizer rejected the compromise on rules of origin that Canada had previously proposed. The structure was based on the idea that the rules of origin should be calculated to also include the value of software, engineering and other high-value work, which is currently not counted toward the regional content targets. This would guarantee the safeguarding of high-paying jobs in the area. The US expressed its disapproval to the Canadian proposal. Mexico didn't find this surprising at all, as it already expected the cold shoulder from their American trade partner on this matter.

In another proposal, Canada made a threat as they claimed that they will keep the right to treat their neighbors worse than other countries if they enter into agreements. One of which could be China. The proposal was obviously not passed, as the US and presumably Mexico considered it 'unacceptable'.

Although the countries successfully worked towards installing measures against corruption during the round of negotiations, they were far from successful at reaching an agreement on the topic of modifying rules of origin and calculating the regional content of the country in which automobiles are manufactured. All three countries remain motivated to keep making progress and will resume the negotiations for a speculation of two more sessions before the deadline that has been set in March, in order to avoid interference with the presidential election in Mexico and the US midterm elections in November.

Beyond the deadline

After more than seven months of meetings, as we have seen in the round-by-round examination, the negotiations between the three countries still have not reached the pre-agreement threshold that, even waiting to resolve more or less important points, should confirm the shared will to give continuity to NAFTA. The hard positions of the United States and the pressure of Canada and Mexico to save the treaty have so far resulted in a 'tug-of-war' that has allowed some partial, but not decisive, result. Thus, it remains to be determined if the treaty has actually reached its expiration date or may be reissued instead. For the time being, the three countries agree to continue working towards a renewed treaty.

From what has been seen so far in the negotiations, it is difficult to determine which country will be more willing to give in to the pressure exerted by the others. The most controversial issues have barely been addressed until recently, so it is also not possible to point out what achievements each country achieves in this negotiating process.

The two neighbors of the United States, but especially Canada, continue to warn of Trump's risk to end the treaty. An acceleration of the negotiations could help the positive resolution of the process, but the electoral calendar rather threatens delays. On March 30 begins the campaign of the presidential elections in Mexico, which will take place on July 1. In September, the United States will begin to pay more attention to the November Mid-term elections. A substantial progress before the Mexican elections could put the agreement on track, although some issues should have to be agreed later, but if in the next meetings there is not a breakthrough, the three countries could get used to the possibility of ending NAFTA, what would harm the negotiations.

NAFTA: Half a year of renegotiation without major progress

▲Enrique Peña Nieto and Donald Trump at the July 2017 G20 summit in Hamburg [Presidency of Mexico].

ANALYSIS / Dania Del Carmen Hernández [English version].

Canada, the United States and Mexico are immersed in the renegotiation of the North American Free Trade Agreement (NAFTA). The trade agreement between these three countries has been somewhat controversial in recent years, especially in the US, where its advisability has been questioned. During the presidential campaign, Donald Trump defended the cancellation of the treaty; later, already in the White House, he accepted that there would be a renegotiation. Trump argued that the pact has reduced US manufacturing jobs and generated a trade deficit of more than $60 billion with Mexico ($18 billion with Canada), so unless new conditions substantially reduced that deficit, the US would withdraw from agreement.

Overall, Americans have positive views of the treaty, with 56% of the population saying NAFTA is beneficial to the country, and 33% saying it is detrimental, from agreement with a November 2017 Pew Researchsurvey . Among those who hold a negative view, the majority are Republicans, with 53% saying Mexico benefits the most, while Democrats overwhelmingly support the pact and only 16% view it negatively.

 

U.S. trade in goods with Mexico

 

Regardless of public acceptance, opinion about the treaty has not always been so dubious. When President Bill Clinton ratified the treaty, it was considered one of the greatest achievements of his presidency. Just as globalization has liberalized trade around the world, NAFTA has also expanded trade very effectively and presented a great issue of opportunities for the U.S., while strengthening the U.S. Economics .

Under NAFTA, trade in U.S. goods and services with Canada and Mexico grew from $337 billion in 1994, when the treaty entered into force, to $1.4 trillion in 2016. The impact has been even greater when taking into account cross-border investments between the three countries, which went from $126.8 billion in 1993 to $731.3 billion in 2016.

Washington's concern is that, despite this increase in trade volume, in relative terms the United States is not achieving sufficiently fruitful results compared to what its neighbors are getting from the treaty. In any case, Canada and Mexico accept that, after almost 25 years in force, the treaty must be revised to adapt it to the new productive and commercial conditions, marked by technological innovations that, as is the case of the Internet development , were not contemplated when the agreement was signed.

Round-by-round examination

The discussion of the three countries touches on numerous aspects, but three blocks can be mentioned, which have to do with certain red lines set by the different parties to the negotiation: the rules of origin; the desire of the United States to end the independent arbitration system, through which Canada and Mexico have the ability to end measures that violate the trade agreement (elimination of Chapter 19), and finally proposals, perhaps less decisive but equally important, aimed at the general update of the treaty.

When negotiations began in August 2017, it was expressed that they could be concluded by January 2018, with six rounds of meetings planned. This issue is already being exceeded, with a seventh round at the end of February, possibly to be followed by others. Now that the initial deadline has been reached, however, it is time to review the status of the discussions. A good way to do this is to follow the evolution of the talks through the rounds of meetings held and thus be able to assess the results that have been recorded so far.

 

Last North American Summit, with Peña Nieto, Trudeau and Obama, held in Canada in June 2016.

Last North American Summit, with Peña Nieto, Trudeau and Obama, held in Canada in June 2016 [Presidency of Mexico].

 

1st Round (Washington, August 16-20, 2017)

The first round of negotiations put on the table the priorities of each of the three countries; it served to set the diary of the main issues to be discussed in the future, without yet addressing concrete measures.

agreement First of all, Donald Trump already made it clear during his election campaign that he considered NAFTA to be unfair to the United States due to the trade deficit that the United States has mainly with Mexico and, to a lesser extent, with Canada.

According to figures from the Office of the US Trade Representative, the US went from a surplus of $1.3 billion in 1994 to a deficit of $64 billion in 2016. Most of this deficit comes from the automotive industry. For the new U.S. Administration, this calls into question whether the agreement will have beneficial effects for the domestic Economics . Mexico, less inclined to introduce major changes, insists that NAFTA has been good for all parties.

Another topic was the wage gap between Mexico and the United States and Canada. Mexico argues that, despite having one of the lowest minimum wages in Latin America, and having had a stagnant average wage for the last two decades, this should not be taken into account in the negotiations, as it believes that Mexican wages will gradually catch up with those of its trading partners. On the contrary, for the US and Canada it is a topic of concern; both countries warn that a wage increase would not harm the growth of the Mexican Economics .

Rules of origin was one of the main topics of discussion. The United States is seeking to increase the percentage of content required to consider a product as originating so that it is not necessary to pay tariffs when moving it between any of the three countries. This was controversial in this first round, as it could negatively affect Mexican and Canadian companies. Specialists warn that the minimum national content requirement does not exist in any free trade agreement in the world.

Finally, the Trump administration hinted at its intentions to eliminate Chapter 19, which guarantees equality in resolving disputes between countries, so that it is not the national laws of each country that resolve the conflict. The United States sees this as a threat to its sovereignty and believes that conflicts should be resolved in such a way that its own democratic processes are not ignored. Canada has conditioned its continued membership in the treaty on the maintenance of this chapter. Mexico also defends guarantees of independence in conflict resolution, although so far in this discussion it was not categorical.

 

diary main

 

2nd Round (Mexico City, September 1-5, 2017)

Although considered successful by many analysts, the second round of renegotiation continued at a slow pace. Some of the issues that advanced were: wages, market access, investment, rules of origin, trade facilitation, environment, digital trade, SMEs, transparency, anti-corruption, agriculture and textiles.

The president of committee coordinator Mexican Businessmen, Juan Pablo Castañón, insisted that for the moment the wage issue was not subject to negotiation, and denied that any of the parties had any intention of leaving the treaty, despite threats to that effect from the Trump Administration. Castañón said he was in favor of Mexico supporting the maintenance of Chapter 19 or the establishment of a similar instrument for the settlement of trade disputes between the three countries.

Round 3 (Ottawa, September 23-27, 2017)

The delegates made important advances in policies on skill, digital commerce, state-owned enterprises and telecommunications. The main progress was on some aspects related to SMEs.

Canadian Foreign Minister Chrystia Freeland complained that the United States had not made any formal or written proposals in the most complex areas, which in her opinion demonstrates a passive attitude on the part of that country in the context of the negotiations.

U.S. Trade Secretary Robert Lighthizer said that his country is interested in increasing wages in Mexico, under the logic that this is unfair skill , as Mexico has attracted factories and investment with its low wages and weak union rules. However, Mexican business and union leaders are resisting such pressures.

Canada stood firm on its position on Chapter 19, which it considers one of the great achievements of the current agreement. "Our government is absolutely committed to defending it," Freeland said. Washington raised, although without presenting a formal proposal , the modification of the rules of origin to make them stricter and prevent imports from other nations from being considered "made in North America", just because they were assembled in Mexico.

This round took place as the United States slapped a tariff of nearly 220% on C Series aircraft made by Canadian aircraft manufacturer Bombardier, which it considered that business had used a government subsidy to sell its aircraft to the U.S. at artificially low prices.

Round 4 (Virginia, October 11-17, 2017)

The United States presented its formal proposal to raise the rules of origin for the automotive industry and its suggestion to introduce a sunset clause to agreement.

The United States proposed raising from 62.5% to 85% the percentage of components of national origin from one of the three countries in order for the automotive industry to benefit from NAFTA, and that 50% be of U.S. production. association The Mexican Automotive Industry Association (AMIA) rejected proposal.

Washington's interest in weakening the dispute settlement system within the treaty (Chapter 19) was also debated, without a rapprochement of positions.

Finally, there was talk of including a sunset clause, which would cause the treaty to cease to exist after five years, unless the three countries decide to renew it. This proposal was widely criticized, warning that this would go against the essence of agreement and that every five years it would generate uncertainty in the region, as it would affect the investment plans of companies.

These proposals add to the tough negotiating climate, as already in the third round the United States had begun to defend difficult proposals, on issues such as lawsuits for dumping (selling a product below its normal price) in the importation of perishable Mexican products (tomatoes and berries), government purchases and the purchase of textiles.

 
GDP per capita United States / Canada / Mexico
 

Round 5 (Mexico City, November 17-21, 2017)

The fifth round took place without much progress. The U.S. maintained its demands and this generated great frustration among the representatives of Mexico and Canada.

The United States received no alternatives to its proposal of wanting to increase the regional composition from 62.5% to 85%, with at least 50% being U.S.-based. On the contrary, its trading partners put on the table data showing the damage that this proposal would cause to the three economies.

Faced with the U.S. desire to limit the issue of concessions that its federal government offers to Mexican and Canadian companies, Mexican negotiators responded with a proposal to limit the country's public contracts to issue of contracts reached by Mexican companies with other governments under NAFTA. Given that the issue of these contracts is quite small, U.S. companies would be restricted in their contracting.

At the end of this fifth round, the most advanced issues are the regulatory improvement of telecommunications and the chapter on sanitary and phytosanitary measures. With the latter, the Americans seek to establish new transparent and non-discriminatory rules, allowing each country to establish the Degree protection it deems appropriate.

Round 6 (Montreal; January 23-29, 2018)

The sixth negotiation showed some progress. The chapter on corruption was finally closed, and there was progress in other areas. Some of the important issues that had been left aside in the previous negotiations were discussed. Progress is slow, but seems to be making headway.

Robert Lightizer rejected the compromise on rules of origin that Canada had previously proposed. The framework was based on the idea that rules of origin should be calculated to include the value of software, engineering and other high-value work, facets that today are not taken into account with a view to goal regional content.

As a form of pressure, Canada threatened to reserve the right to treat its neighboring countries worse than other countries if they enter into agreements. One of them could be China. The proposal was not considered, as the United States and Mexico found it unacceptable.

Beyond the deadline

After more than seven months of meetings, as reflected in this round-by-round review of the talks, the negotiations between the three countries have still not reached the threshold of a pre-agreement that, while awaiting the resolution of more or less important points, would confirm the shared will to continue NAFTA. The hard stances of the United States and the pressure from Canada and Mexico to save the treaty have so far resulted in a "tug of war" that has allowed some partial, but not decisive result . Thus, it is yet to be determined whether the treaty has actually reached its expiration date or whether it can be reissued. For the time being, the three countries are at agreement working towards a renewed treaty.

From what has been seen so far in the negotiations, it is difficult to determine which country will be more willing to yield to the pressure exerted by the others. The most controversial issues have hardly been addressed until recently, so it is not possible to say what each country has achieved in this negotiation process.

The two neighbors of the United States, but especially Canada, continue to warn of the risk of Trump wanting to kill the treaty. An acceleration of the negotiations could help the positive resolution of the process, but the electoral calendar rather threatens postponements. On March 30, campaigning begins for Mexico's presidential election, which will take place on July 1. In September, the U.S. will begin to look more closely at the November congressional elections. A substantial breakthrough before the Mexican presidential elections could put agreement back on track, even if some issues remain to be closed, but if no breakthrough is made in the next meetings, the three countries could be getting used to the idea of the end of NAFTA, which would weigh down the negotiations.

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