Sri Lanka and Trade Policy: Concession or Sanction?

The European Union last week produced an official notice derived from its year-long investigation on human right violation in Sri Lanka. Here are the Commission's final report, and the independent expert's report. Given the Commission's conclusion that Sri Lankan government breached its human rights commitments during it 25-year civil war with the Tamil Tiger, the country is set to  loose its trade concessions, known as GSP Plus, to the European Union, a sanction which will cost the country more than $100m trade benefits. Mr. Rajapaksa’s government has recently secured a $2.6 billion loan from the IMF with very little strings attached despite some delay due to international pressure and warnings of human rights violation in April and May.

From the European Commission:

The Commission has completed a thorough investigation into the human rights situation in Sri Lanka and in particular whether Sri Lanka is living up to the commitments it made to respect international human rights standards when it became a beneficiary of the European Union's GSP+ trade incentive scheme which provides for additional trade benefits.

The report comes to the conclusion that there are significant shortcomings in this area and that Sri Lanka is in breach of its GSP+ commitments.

We will now consult with Member States on whether to prepare a proposal with a view to temporarily suspending these additional trade benefits.

In response to the Commission’s announcement, Financial Times Editorial responded with a legitimate defense for Sri Lanka by emphasizing the inherent purpose of trade preferential treatments, which has been a successful economic instrument to lower many countries’ poverty line.

Sri Lanka is threatened with losing its trade rights because of human rights abuses committed by its government in the course of the conflict with the Tamil Tiger rebels. Such violations are well documented and abhorrent. But it is perverse to punish the clothing industry and other exporters for the actions of security forces they cannot control. In extremis, trade restrictions are a legitimate means to isolate the most vile abusers of human rights, particularly when an authoritarian government controls the entire country and its economy. That is not the case here. Sri Lanka is not Burma.

Using trade as a strategic tool makes the global trading system hostage to endless political posturing and negotiating games. Governments should grant trade preferences on simple, fair criteria, largely based on the poverty and vulnerability of trading partners. Trade deals should be a means for poor countries to haul themselves out of poverty, not a tool of foreign policy manipulation by their richer counterparts. Sri Lanka’s exporters have used their access to the European market well. They should keep it.

 I wrote about my trouble of justifying this civil war as well as concern over human right violations in Sri Lanka early this summer, and thought that leaders of both the Tamil Tiger and Mahinda Rajapaksa’s government should be charged for war crime violations of international humanitarian law including unlawful killings of civilians particularly children and young men as well as forcing child soldiers. However, the removal of GSP Plus to publicly punish Sri Lanka and its people instead of the government, as argued by the Financial Times, seems unjustifiable ex-post. The penalty is estimated to cause more than 2% contraction of Sri Lanka’s troubling economy alone. Separating trade policy from politics and diverging international alliances (Sri Lanka, Iran, China versus other Western countries) is much harder than it sounds. Nevertheless, Sri Lankan workers and exporters should be excluded from international sanction against the country’s military government, while other available legal instrument, i.e. charge for violation of humanitarian right, remains a better tool for the purpose of punishment and deterrence.

*Image by the Economist

Comments

[Joe]

Well, how else do you punish a country like Sri Lanka? They clearly do not care for their citizens, but perhaps pulling away some money might make them sit up and pay attention now.