Statement of Patricia Forkan, President, Humane Society International

Testimony Before the Full Committee
of the House Committee on Ways and Means

July 12, 2006

Chairman Thomas, Ranking Member Rangel, Members of the Ways and Means Committee, and Ladies and Gentlemen – Good Morning.

It is my pleasure to be here today to testify on the U.S. - Peru Trade Promotion Agreement (PTPA), specifically the environmental provisions.

INTRODUCTION

My name is Patricia Forkan and I am the President of Humane Society International (HSI), the international arm of The Humane Society of the United States (HSUS).  Founded in 1954, today HSUS is the largest animal protection organization in the United States with over 9.5 million members and constituents.  With HSI, we maintain a significant global presence and have offices on four continents. 

As President of HSI, I have served on the Trade and Environment Policy Advisory Committee (TEPAC) for a number of years now and work closely with USTR and other U.S. government agencies on trade and environment issues.  In addition, HSI and HSUS have participated as accredited Non-Governmental Organizations at three WTO Ministerial Conferences.  Indeed, at the most recent Ministerial meeting in Hong Kong, I had the honor of being named as an official member of the U.S. delegation.  As a result of this experience, I believe that I bring a unique and balanced perspective to trade and environmental policy discussions.

About fifteen months ago, I sat before the Senate Finance Committee and testified on the
Free Trade Agreement with Central America and the Dominican Republic (CAFTA – DR) and discussed HSI and HSUS’s support of the environmental provisions of that Agreement.  It is our view that each free trade agreement signed by the Untied States should be judged on its individual provisions and through an objective lens.  I do not propose to testify today that each and every aspect of the PTPA will further the aims most important to my organization -- protecting the environment and promoting the protection and humane treatment of all animals.  But, what I will say is that HSI and HSUS view the environmental provisions of this Agreement as providing needed opportunities and incentives to enhance environmental protection in Peru and the United States.

I commend the U.S. Congress for including specific environmental negotiating objectives in the “Trade Act of 2002” or Trade Promotion Authority (TPA) and in mandating side environmental cooperation agreements.  HSI and HSUS applaud the commitment of the United States to include environment along with other areas of economic and trade policy – something no other country in the world does.

PTPA ENVIRONMENT CHAPTER

Turning to the Environment Chapter of the PTPA, I would like to highlight certain provisions.

First, the Environment Chapter includes the obligation for Parties to effectively enforce their environmental laws -- including Multilateral Environmental Agreements (MEAs) such as the Convention on the International Trade in Endangered Species of Wild Fauna and Flora (CITES).  This obligation is subject to dispute settlement providing a strong incentive for both Parties to enforce their laws, an incentive sadly lacking in most MEAs themselves. 

Second, the Parties have agreed to set up an independent secretariat to accept information from the public concerning environmental enforcement activities.  If a country is failing to enforce its laws, the public will have a specific mechanism to bring these failures to light through access to an “independent entity” not controlled by the government.  Increased public participation and empowering civil society to monitor governments is perhaps one of the best and most low-cost ways to ensure effective enforcement. 

Third, as a member of TEPAC, I particularly recognize the importance of public participation in the development of trade and environmental policy.  For this reason, HSI and HSUS believe that the provision of the PTPA requiring Peru to set up and consult an advisory committee at the national level is important.  We hope this provision will serve to provide Peruvian civil society, NGOs, and the private sector with a say in their country’s environmental policies, programs, and enforcement regimes.

Fourth, for the first time in a trade agreement, the United States included a commitment to protect and conserve biodiversity.  Peru is one of the most biologically diverse countries in the world.  It is home to unique species such as alpacas, vicuñas and Andean river dolphins as well as a number of endangered species including the yellow-tailed woolly monkey, yellow-eared parrot, Andean mountain cat, and the Andean tapir.  We are perhaps most excited about this biodiversity provision.   It underscores the U.S. and Peruvian commitment to the environment and conservation of precious biodiversity, including endangered species and other animals.  Through innovative programs and efforts, including through the Environmental Cooperation Agreement (ECA), such protections may be increased and enhanced.

Lastly, we are hopeful that the ECA will provide a strong basis for ongoing environmental cooperation.  I strongly encourage Congress to ensure that the ECA is adequately funded to be able to achieve the lofty aims originally envisioned by TPA.  We all are aware of the need to be fiscally responsible, but cooperation is an area where we can achieve a great deal of good and improve the life and health of people and animals in addition to increasing economic opportunities.  I recommend that Congress set aside a specific amount of funding for environmental cooperation with Peru as you did in the case of CAFTA-DR.

CONCLUSION

HSI and HSUS support the efforts of the United States and Peru in including the effective enforcement, public participation, and biodiversity provisions in the Environment Chapter of the PTPA.  The Environmental Cooperation Agreement illustrates the strong commitment by both Parties to work together to protect the environment and conserve precious natural resources including biodiversity.  For all of these reasons, HSI and HSUS are strongly encouraged that the PTPA will support increased environmental protection in both countries.

Thank you very much for the opportunity to speak with you today.